Gujarat High Court Case Information System
Print
CA/7427/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 7427 of 2008
In
SPECIAL
CIVIL APPLICATION No.6866 of 2008
=========================================
SARVODAYA
CHARITABLE TRUST SANCHALIT K.C.M. SHAH B.ED. (BASIC) COLLEGE
Versus
STATE
OF GUJARAT AND OTHERS
=========================================
Appearance :
MS
MR VYAS for the the
Applicant
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 03/07/2008
ORAL
ORDER
1. The
matter was mentioned in the morning for urgent circulation at 02.15
pm. Permission was granted. The papers are before the Court.
2. Heard
Ms.Mamta R.Vyas, learned advocate for the applicant.
3. The
learned advocate for the applicant submitted that order dated
24.03.2008 passed by the Principal A.U.Patel Committee mentioning in
the order that the college had charged Rs.20,000/- per student for
the academic year 2003-04, Rs.29,000/- for the academic year 2004-05,
Rs.28,000/- for the academic year 2005-06 and Rs.33,000/- for the
academic year 2006-07 is without any supporting evidence.
She
submitted that soon after the said order was communicated to the
petitioner institute on 24.03.2008, the petitioner institute filed a
representation before the Principal A.U.Patel Committee on
31.03.2008. It was pointed out therein that the amount of fees which
is mentioned in that order is not correct and in fact Rs.18, 000/-
per student were charged for the academic year 2003-04, 2004-05 and
2005-06 and for the academic year 2006-07, Rs.30,000/- were charged
per student.
4. The
learned advocate submitted that before the Committee could take into
consideration the said representation, the Committee was desolved on
09.04.2008 and therefore, the representation of the petitioner
institute remained un-decided.
5. The
learned advocate submitted that on account of the aforesaid averments
in the order, the college is put in, ‘no admission list’. The effect
of it will be that the college will not be allocated any students by
the University.
6. Pursuant
to order dated 08.05.2008 passed by this Court (Coram: Jayant Patel,
J.) in Special Civil Application No.6150 of 2008 and allied matters,
the college has already deposited Rs.1,60,000/- with the Registry of
this Court and is ready to deposit further amount, which according to
the college is liable to be deposited with for the compliance of the
aforesaid order of this Court .
7. The
learned advocate submitted that there is a deposit of Rs.20 lacs with
the University of the college and from this year, the fees are to be
collected by the University of the students which will be allocated
to the college concerned. The learned advocate submitted that taking
that amount of fees of the students and the deposit of Rs.20 lacs,
liable for adjustment to the amount payable by the college, the
interim relief be granted, directing the University to allocate the
students. The learned advocate submitted that in case the students
are not allocated in the allocation process which is to start from
tomorrow, the college will have no other option but to close down and
therefore, it will be in the interest of justice to grant the interim
relief.
8. NOTICE
returnable on 09.07.2008.
The
representation of the applicant college will be decided on the
college satisfying the authorities about the actual fees charged by
the college in the respective academic years, but before that, taking
into consideration the fact that the college has already deposited
Rs.1,60,000/- and is ready to abide by the final orders passed by the
authorities, subjecting its deposit of Rs.20 lacs and the amount of
fees which will be collected by the University of the students
allocated to the college, the Court deems it fit to grant interim
relief and directs the University to allocate students to the
applicant college for the academic year 2008-09 without insisting for
the deposit of any further amount at this stage.
9. The
applicant college shall file an undertaking to the effect that, ‘the
deposit of Rs.20 lacs and the fees of the students allocated this
year can be adjusted towards the amount which may be ascertained to
be deposited’, before this Court on or before 04.07.2008.
Direct
service permitted today.
(RAVI
R.TRIPATHI, J.)
*Shitole
Top