PANCHMAHALS DISTRICT HIGHER EDUCATION TRUST Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) Rule. Learned Counsel Mr. Nilay Anjaria for Mr. D. S. Nanavati and learned A.G.P. Ms. Talati waive the service of Rule on behalf of the respondent Nos. 1 and 2 respectively. Heard at the request of learned Counsels for the parties.

(2.) This petition is filed by the petitioner-Trust, seeking a mandamus that the respondent-University be directed to comply with the order passed by the State Government in Appeal on 29-8-1997 for granting affiliation to the Arts College, managed by the petitioner-Trust with effect from 15th June 1997.

(3.) The facts relevant for the present purpose are that, on 27th February 1996, the petitioner-Trust made an application for grant of affiliation for the year 1996- 97 along with the necessary fees. Since the issue of grant of affiliation for the year 1993-94, 1994-95 and 1995-96 was already pending for consideration before the University as a result of the remand order made by the State Government earlier, with which I am not at present concerned. The application for grant of affiliation for the year 1996-97 was returned by the University vide communication dated 7-2-1996. Aggrieved by the said action of the University, the petitioner preferred Special Civil Application No. 4854 of 1996 before this Court. During the course of hearing, a statement was made by the Counsel on behalf of the University that, communication dated 7th February 1996 be treated as rejection of the application for affiliation for the academic year 1996-97 and the petitioner may be permitted to approach the State Government by filing appeal under Sec. 33(8) of the Gujarat University Act. The order was made in terms of the aforesaid submission made on 27-1-1997 on behalf of the University. Consequently, the appeal came to be filed before the State Government under Sec. 33(8) of the Gujarat University Act. By the order dated 29-8-1997, the appeal was allowed. Since the application was for affiliation for 1996-97, which academic year had already expired and the appeal had been filed before the commencement of the year 1997-98 in pursuance of the circumstances mentioned above, the affiliation was directed to be granted with effect from 15th June, 1997, that is to say, from the current session. The University having taken no action in spite of reminders from the petitioner as well as from the Dy. Secretary, Education, whose letter dated Nil, received by the University on 17th October, 1997, which has been placed on record as Annexure-J, the present petitioner had filed this petition for directing the respondent-University to allow the petitioner- Trust to run the Arts College, at village Shimaliya, Panchmahals, with effect from 15-6-1997, as per the order of the State Government dated 29-8-1997 and to grant all consequential benefits.