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CA/943120/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 9431 of 2008
In
SPECIAL
CIVIL APPLICATION No. 8320 of 2008
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SHRIJI
EDUCATION TRUST-LATHI - Petitioner(s)
Versus
SAURASHTRA
UNIVERSITY & 1 - Respondent(s)
=================================================
Appearance :
MS
SRUSHTI A THULA for Petitioner(s) : 1,
MR PV HATHI for
Respondent(s) : 1,
MR DIPEN DESAI AGP for Respondent(s) :
2,
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CORAM
:
HONOURABLE
THE ACTING CHIEF JUSTICE MR. M.S.SHAH
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 13/08/2008
ORAL
ORDER
(Per
: HONOURABLE THE ACTING CHIEF JUSTICE MR. M.S.SHAH)
The
applicant-trust is granted recognition by the National Council for
Teacher Education (NCTE) in the years 2007. The applicant-trust has
filed the petition contending that inspite of the recognition granted
by the NCTE, the College run by the applicant-trusts is not granted
affiliation by the respondent-University, i.e., Saurashtra
University, and that the University is also not allotting students
for the B.Ed. Course being run by the applicant-trust in sufficient
numbers. It is also submitted that the students are being
discouraged or dissuaded from joining the College run by the
applicant-trust.
2 By
order dated 23.06.2008, learned Single Judge of this Court directed
the respondents to allot students to the College run by the
applicant-trust. The present application is filed for redressal of
its grievance that inspite of the aforesaid direction, the College
run by the applicant-trust is not allotted students in sufficient
numbers.
3 Although
affidavit-in-reply is filed on behalf of the respondent-University,
no concrete material is placed on record nor even necessary averments
with sufficient clarity are made justifying the recalcitrant stand of
the University. It also appears that the number of students is less
than the number of seats available in the Colleges running B.Ed.
Courses.
4 In
view of the above situation, we allow this Civil Application and
direct the respondent-University not to raise any kind of objection
to the Colleges run by the applicant-trust in granting admissions to
students for the B.Ed. Course on their own by issuing advertisement
for inviting applications from the students who have filled in the
forms seeking admission to B.Ed. Course for the year 2008-09 subject
to fulfillment of the following conditions:
(i) The College run by
the applicant-petitioner-trust shall not charge more than the
prescribed fee.
(ii) The Colleges run
by the applicant-trusts shall abide by all the terms and conditions
of recognition granted by NCTE and the norms prescribed by the
University.
(iii) The list of
students other than those who are already given admission by
Centralized Admission Committee will be supplied by the
University/Centralized Admission Committee within five days, i.e. on
or before 18th August, 2008 to the respective
College/trusts and admissions already given will not be changed or
reshuffled.
(iv) If after
accommodating the students whose list will be supplied as aforesaid
any seats remain vacant in the applicant-College after following the
aforesaid procedure, it will be open to the applicant-Colleges to
fill-in such seats from amongst the candidates applying directly to
the College. However, students already admitted to other B.Ed.
Colleges will not be permitted to make such applications. This will
be clearly indicated in the advertisement itself.
(v) The Colleges run
by the applicant-trust shall complete the admission process latest by
31.08.2008.
7 While
disposing of the Civil Application in the above terms, we expect the
respondent-University to permit other B.Ed. Colleges also to grant
admissions in the current year by following the same procedure and
subject to the same terms and conditions indicated hereinabove.
8 Civil
Application is allowed in terms aforesaid.
Direct
service is permitted.
(M.S.
SHAH, Actg. C.J.)
(D.H. WAGHELA, J.)
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