ANAND PEOPLES MEDICARE SOCIETY OLD REGISTRATION Vs. GUJARAT STATE UNAIDED B ED B PED COLLEGE MANAGEMENT ASSO

JUDGEMENT

(1.) THESE Appeals are directed against the order dated 17th July 2006 of the learned Single Judge, rejecting the appellants' applications for being joined as parties in Special Civil Application No. 1969 of 2006, which is filed by Gujarat State Unaided B. Ed. / B. P. Ed. College Management Association, of which the appellants are admittedly members.

(2.) IN the said petition, the Association has challenged the decision dated 22. 12. 2005 of the Fees and Admission Committee (Higher and Technical Education) For Self-Financed Professional Colleges, Gujarat regarding Common Entrance Test conducted by the Association and the admissions of students on the basis of such test.

(3.) WHILE admitting the petition on 28. 03. 2006, the learned Single Judge granted interim relief to the students enrolled on the basis of the Common Entrance Test, subject to certain conditions. The learned Single Judge further directed the Commissioner of Higher Education to initiate proceedings for de-recognition of concerned colleges for granting admissions to students on the basis of so-called Common Entrance Test which was not approved by the respondent Committee, and directed that, if ultimately it was found that there was a case for de-recognition of the Institute, appropriate action in accordance with law for de-recognition be taken after giving the concerned college an opportunity of being heard. The learned Single Judge also directed the Commissioner of Higher Education to make an inquiry for finding out whether any cheating had taken place with the students of the colleges concerned, and whether any fraud was played by the management of the concerned college in the matter of admission to the B. Ed. Course on the basis of so-called Common Entrance Test. It was further directed that, if upon such inquiry, it was prima facie found that the offence of cheating or any other offences were committed by the management, criminal prosecution also be lodged. The learned Single Judge finally clarified that, in the event of any such action being taken for criminal prosecution being lodged, the rights and contentions of the person concerned / accused, as may be permissible in law, shall remain open.