SANDIP HARSHADRAY MUNJYASARA Vs. GUJARAT FORENSIC SCIENCES UNIVERSITY

JUDGEMENT

(1.) Petitioner is a student of Gujarat Forensic Sciences University, respondent No.1 herein. In this petition, the petitioner has taken-up the issue of fee regulation for various admission courses offered by the said University to its students. Case of the petitioner is that the University is governed by the Gujarat Professional Technical Educational Colleges or Institutions [Regulation of Admission and Fixation of Fees) Act, 2007 ['the said Act of 2007' for short] and that therefore, respondent No.1 must submit to the mechanism of fixing the fee structure under the said Act of 2007. The petitioner's further contention in this respect is that respondent No.1 is a 100% grant-in-aid institution receiving full grant from the Government and therefore, the fees for the students of the institution would be governed by Rule 15 of the Master of Engineering and Technology and Master of Pharmacy Courses (Regulation of Admission and Payment of Fees) Rules 2013 ['the said Rules of 2013' for short] framed in exercise of powers under section 20 of the said Act of 2007. The petitioner has made specific averments regarding respondent No.1 being the 100% grant- in-aid institution.

(2.) Previously, respondent No.1 was resisting being covered by the said Act of 2007. The Government has also issued a notification dated 04.10.2017 as corrected by the corrigendum dated 11.05.2018 granting exemption specified courses of the respondent No.1-University from the purview of the said Act of 2007.

(3.) Some of these aspects came-up for consideration before Division Bench of this Court in Writ Petition (PIL) No. 113 of 2018 decided on 02.08.2018 primarily in the context of the admission procedure to be followed by respondent No.1. In this context, the Court had made following observations: