SARVODAY CHARITABLE TRUST Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) THE short facts of the case appear to be that the petitioner for the purpose of opening a College for imparting education in Master of Education (M. Ed.), which is a Post Graduation Course in the field of education, applied to National Council for Teacher Education (hereinafter referred to as "ncte" for short) for grant of recognition. The petitioner is a self-financed college. Ultimately, on 30. 5. 2007 the recognition was granted on 11. 6. 2007 and thereafter final recognition is granted vide order dated 26. 6. 2007 to the petitioner. As per the petitioner, it had applied to the Gujarat University for affiliation vide application dated 19. 6. 2007 onwards and as there was no response and the academic year was to begin of 2007-08, the petitioner has preferred the present petition for the appropriate directions to the respondent University to grant affiliation for M. Ed. College.

(2.) IT appears that when the matter was at the interim stage, as no interim direction was given in the present petition, the LPA was preferred and the Division Bench of this Court (Coram: Y. R. Meena, C. J. and (Smt.)Abhilasha Kumari, J.) vide order dated 8. 10. 2007 had directed the University to forthwith allot the available students, if any, for the provisional admission in the petitioner-appellant Institution. As per the University the matter is carried before the Apex Court against the said order and the notice has been issued by the Apex Court in the proceedings of SLP (Civil) No. 20191 of 2007. It also appears that since the order was not complied with the petitioner moved for contempt proceedings before this Court and the Apex Court has also stayed the said contempt proceedings. The learned Counsel for both the sides submitted that the matter may be finally disposed of, so as to put an end to the controversy and, therefore, I have heard the learned Counsel appearing for both the sides for final disposal.

(3.) HEARD Mr. Oza, learned Counsel appearing with Ms. Vyas for the petitioner, Mr. Shelat, learned Sr. Counsel appearing with Mrs. Nanavati for the University and Mr. Shastri, learned Counsel for NCTE. It would be just and proper to consider and refer the submissions at the appropriate stage as stated hereinafter.