SCA/7807/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7807 of 2008 ========================================================= SHAHJANAND EDUCATION TRUST - Petitioner(s) Versus HEMCHANDRACHARYA NORTH GUJARATUNIVERSITY PATAN & 1 - Respondent(s) ========================================================= Appearance : MR PRAKASH K JANI for Petitioner(s) : 1, MR MITUL K SHELAT for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 29/05/2008 ORAL ORDER
Leave
to amend. The petitioner is directed to implead NCTE as ‘respondent
No.3’ and State of Gujarat as ‘respondent No.4’.
2. It
is the case of the petitioner that by order dated 17.3.2008 the
petitioner institute has been granted recognition by the NCTE and the
petitioner is relying upon the judgment of this Court dated 7.8.2006
in SCA No. 13906 of 2006 as well as the judgment reported in 2006(2)
GLH 723. On the other hand the respondent No.1 university has filed
reply-affidavit in support of its decision dated 12.5.2008 wherein it
is pointed out that the NCTE has effected amendment in the rules and
the said amendment is to be effective from current academic year, and
therefore it has become necessary to get it ascertained from NCTE
that whether the amended provisions, particularly regulation No.7, is
to be made applicable by the universities to the institutes who have
already been granted recognition by NCTE or it would be applicable to
the institutes who have made application for recognition to the
university after the date of notification amending the said rules.
3. Hence,
fresh notice returnable on 9th June, 2008. In the
meanwhile, it will be open for the respondent university to proceed
with the exercise of allotment of students but the same may not be
finalised until the next date of hearing and the respondent
university while undertaking the exercise of deciding the allotment
may take into account the claim of the petitioner institute. It is
directed that the respondent No.3 NCTE shall keep on record the
details as to the aspects mentioned above. Direct service is
permitted.
[
K.M. Thaker, J. ]
rmr.