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SCA/16508/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16508 of 2010
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NAVJIVAN
EDUCATION TRUST THROUGH MANAGING TRUSTEE - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondent(s)
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Appearance :
MR
YN OZA, SR. ADVOCATE with MR BP GUPTA for Petitioner(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 1,
NOTICE SERVED BY
DS for Respondent(s) : 2,
MR AMIT M PANCHAL for Respondent(s) :
2,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 27/01/2011
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
It
appears that 35 students of the petitioner institution (CK Patel
College of Social Work) have been transferred to 9 other colleges
mainly on the following grounds :-
(i) The
petitioner institution charged more fees from the students
towards examination fees. In place of Rs.910/-, they have charged
Rs.1,160/- i.e. excess of Rs.250/- charged per student and thereby
the students have been mentally harassed.
(ii) The 2nd
Semester fee of Rs.15,000/- had been taken in advance, and
(iii) The
services of two teachers have been illegally terminated.
2. Prima facie,
we are of the view that the students of an institution cannot be
transferred to other institution on the ground of termination of
services of one or other teachers. However, if the 2nd
semester fee is charged in advance, i.e. prior to starting of the
classes, there cannot be alleged to be some misconduct for
transferring the students, but to de-affiliate the concerned
institution.
3. The
grievance of the petitioner is that the Committee consists of a
person, who is competitor of the petitioner institution and
running a parallel college in the same District. At his instance, a
report has been hurriedly prepared as at page 52A (Report of Inquiry
Committee) on the basis of which the University hurriedly passed the
impugned order.
4. It appears
that the 9 institutions in which the students have been transferred
are situated within the Districts of Patan and Sabarkantha.
5. To find out
whether the allegations were correct or not and due to bias of one or
other persons in the Inquiry Committee, the report was hurriedly
submitted, we are of the view that a Judicial Officer may make an
inquiry to consider the grievance.
6. The
petitioner institution and the University are directed to give
the names of the 35 students from whom the charging of excess
examination fee is alleged. They will also give the names of the
colleges in which they have now been transferred. The list of
respective colleges of the districts concerned be provided to the
Principal District Judge, Patan and the Principal District Judge,
Sabarkantha. They in their turn will appoint one of the Judicial
Officers not below the rank of the Additional District Judge, who
will visit the respective colleges and inquire from the concerned
students preferably on a Court non-working Saturday. The Principals
of the respective colleges situated in the Districts of Patan and
Sabarkantha will co-operate with the Judicial Officer and will allow
interaction with the students in camera. The Officer will visit the
petitioner institution and verify from the record including the
receipts and the examination fees charged from the 35 students.
The process of
inspection be started immediately and the report be submitted before
the next date.
Let a copy of
this order be handed over to the counsel for the parties.
The Registrar
General of this Court will also forward a copy of this order to the
Principal District Judge, Patan and the Principal District Judge,
Sabarkantha.
Post the
matter on 28th February, 2011.
In the
meantime, the University will allow the students, those who are
attending the petitioner institution as on today, to fill up the
examination forms for the forthcoming examination.
[S. J.
MUKHOPADHAYA, CJ.]
[K.
M. THAKER, J.]
sundar/-
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