New Progressive Education Trust vs Hemchandracharya North Gujarat Univercity

Honourable Mr. Justice J.B. Pardiwala

The present petition has been filed under Article 226 of the Constitution of India by an educational Trust imparting education in the field of Computer Applications, challenging order dated 23.08.2011 and General Circular dated 31.05.2011 passed/issued by the respondent university, by virtue of which the university has cancelled the admissions granted to 27 students by the petitioner in the third division of the First Year of Bachelor of Computer Application (B.C.A.).

Learned advocate Mr. Patel, appearing for the petitioner has contended that the college which is run by the petitioner is imparting Course in B.C.A. which is recognized by the respondent university. It is the case of the petitioner that respondent university had granted permission in the Academic Year 2010-2011 to the petitioner to admit students in its college in the third division, which was in addition to two divisions which earlier existed. It has been submitted by the learned advocate appearing for the petitioner that since the petitioner did not receive any intimation from the respondent university directing the petitioner to admit students for B.C.A. only in two divisions in the current Academic Year viz., 2011-2012, when the admission process commenced, in good faith and belief, the petitioner admitted 27 students in the third division, as it had done in the previous Academic Year. The petitioner had even offered to deposit the amount of fees for the said purpose with the university. However, the respondent university had not accepted the said amount and has disapproved the action of the petitioner in admitting 27 students in the third division of the course in B.C.A. in the Academic Year 2011-2012 without taking prior permission of the university.

Mr. Panchal appearing for the respondent university has admitted that it is not in dispute that the petitioner''s college imparting education in B.C.A. course is recognized by the university. He however, stated that in view of the fact that the college run by the petitioner not having a full time Principal as required by the university, the university had declined permission to the petitioner from admitting 27 students in the additional third division in the current academic year in the B.C.A. course. Mr. Panchal fairly conceded that it is now quite sometime since June 2011 when the Academic Term has commenced and the students, including the 27 students in the additional third division of the college have been studying in the first year B.C.A. He fairly stated before this Court that the students who are studying in the college run by the petitioner, cannot be faulted and ought not to be victimized, even assuming that there was some irregularity in the procedure that may have been breached by the petitioner while admitting students to the college in the third division of the B.C.A. course in the current Academic Year. He however, insisted that the petitioner should have completed all formalities and ought not to have admitted 27 students in the third division of the college of the petitioner in the B.C.A. Course without the prior permission of the university.

We have heard learned counsel appearing for the parties at length. In the peculiar facts and circumstances of the case and considering the larger interest of the 27 students who have already commenced their study in the B.C.A. course in the college run by the petitioner, which is admittedly a recognized college, as a one-time measure, we direct the university to permit the petitioner to continue the third division for the current Academic Year only, i.e. 2011-2012. The university is further directed to take the examination that may be conducted by it, even for the 27 students admitted by the petitioner in additional division to the first year B.C.A. Course and forthwith take all necessary steps in that behalf. We also direct the petitioner to immediately approach the respondent university and complete all the necessary formalities which are required to be undertaken as per the rules and regulations of the respondent university to enable the petitioner to continue to impart education in the B.C.A. Course for the Academic Year 2011-2012 and also to pay the requisite fees to the university that may be required for the said purpose.

We clarify that the aforesaid directions have been issued by us in the peculiar facts and circumstances of the case and the same shall not be treated as a precedent. We have issued the directions only with a view to safe-guard and protect the interest of the 27 students who have been admitted in the first year B.C.A. Course by the petitioner in its college and who would otherwise be victimized by the action of cancellation of their admissions by the university for no legitimate fault on their part. We may add that while issuing the aforesaid directions we are not granting the petitioner any permission to flout the rules and procedure laid down by the university, and the petitioner is directed to follow the same as required under the provisions of the Hemchandracharya North Gujarat University Act and Ordinance framed thereunder.

The petition is disposed of with the aforesaid directions. Direct service is permitted.