RAMESH KHIMABHAI BHARAI Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) RULE. MRS. VD Nanavati, learned advocate waives service of Rule for respondent Nos. 1 and 2 and Mr. Mahesh Baria, learned advocate waives service of Rule for respondent Nos. 3 to 5. . In the facts and circumstances of the case and having regard to the urgency involved in the matter, with the consent of the learned advocates for the parties, we have taken up this petition for final hearing today.

(2.) IN this petition under Article 226 of the Constitution, the petitioners claiming to be students of six colleges affiliated to the Gujarat University have challenged the circular dated 2nd January, 2009 of the Gujarat University (Annexure - A) and have also prayed for a direction to the respondent - University to hold the election for all the constituencies of the University Court after excluding the constituencies pertaining to Engineering/pharmacy Colleges. The petitioners have also prayed for a direction to the respondent University that the University shall hold the election of the Senate (Students' Constituency) only by permitting such voters whose names have been received by the University pursuant to the Resolution dated 24. 10. 2008 (Annexure - B ).

(3.) THERE is no dispute about the fact that by virtue of the provisions of the Gujarat Technological University Act, 2007, and the notification dated 08. 07. 2008 (Annexure - D), with effect from 08. 07. 2008, Engineering/pharmacy Colleges in the State of Gujarat stand affiliated to the Gujarat Technological University as per the provisions contained in sub section (3) of section 8 of the said Act and as per the provisions of sub section (2) thereof no colleges or institutions imparting education in engineering and technological subjects in the State of Gujarat shall be associated in any way with or seek affiliation or admission to any privileges of any other University established by law.