SANDIP HARSHADRAY MUNJYASARA Vs. RAKSHA SHAKTI UNIVERSITY

JUDGEMENT

(1.) Rule. Mr.G.M.Joshi, learned advocate, waives service of notice of Rule on behalf of respondent No.1 and Mr. Ronak Raval, learned Assistant Government Pleader, waives service of notice of Rule on behalf of respondents No.2 to 4.

(2.) By way of this Public Interest Petition, the petitioner, who has appeared as Party-in-Person, has prayed for an appropriate writ, order or direction, directing the respondent No. 1 - Raksha Shakti University to approach the respondent No.2 - Admission Committee for Professional Courses (hereinafter referred to as "the ACPC" for short) from Academic Year 2018-19 for the purpose of participating in centralized admission process carried out by the respondent No.2 for the professional courses. It is also further prayed for an appropriate writ or order directing respondent No.2 to include the respondent No.1 - Raksha Shakti University in admission process carried out by it for professional courses for / from Academic Year 2018-19.

(3.) It is the case on behalf of the petitioner that the respondent No.1 - Raksha Shakti University is and/or can be said to be a "professional educational college or institution", as per the definition contained in the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (hereinafter referred to as "the Act, 2007"). It is the case on behalf of the petitioner that therefore, the said University shall be governed by the provisions of the Act, 2007 and admissions in the said University shall only be by respondent No.2 - ACPC. It is the case on behalf of the petitioner that when recently, the respondent No.2 - ACPC has issued the Admission Brochure for the year 2018 for the admissions in the professional courses, the name of the respondent No.1 - Raksha Shakti University is not mentioned. It is submitted that as per the Act, 2007, more particularly, Section 3, notwithstanding anything contained in any other law for the time being in force or in any judgment, decree or order of any Court or any authority or in any agreement, all the admissions to the professional courses in the professional educational colleges or institutions shall be made in accordance with the provisions of the Act 2007, and shall be given only in accordance with Section 6 of the Act 2007 and that too, by the ACPC only. It is also the case on behalf of the petitioner that non-compliance of any of the provisions of the Act, 2007, by any professional educational college or institutions as per clause 2(l) of the Act 2007, shall render itself liable for penalty as provided under the Act 2007, more particularly, Section 14 of the Act, 2007. It is the case on behalf of the petitioner that in fact, it is the duty of the ACPC and/or the State Government to see to it that all institutions to whom Act 2007 is applicable shall strictly follow the provisions of the Act 2007 and if it is found that any of the institution to whom the Act 2007 is applicable is not following the provisions thereof, in that case, such institution/ University may suitably be punished.