Decided on February 08,2021

Swamy Vivekanand Education Trust Appellant
M.P.Shah Education Society Respondents


VINEET KOTHARI, J. - (1.) Whether the fair and bona fide competition in the field of imparting education should be a ban or a bane is the fulcrum of the present Intra Court Appeal arising out of the CAV Judgment of the learned Single Judge dated 5.7.2016 dismissing the writ petition (Special Civil Application No.15076 of 2013) filed by M.P. Shah Education Society (MPSES), an objector to the approval and affiliation of Respondent No.4 - Swamy Vivekanand Education Trust (SVET) (Appellant before us), whereby the learned Single Judge held that the in­principle approval of the Commerce Graduation Course given to the Appellant - Swamy Vivekanand Education Trust by Hemchandracharya North Gujarat University (the University) was not in accordance with the provisions of the Hemchandracharya North Gujarat University Act, 1986 (the Act of 1986).
(2.) The learned Single Judge, therefore, held that the impugned Resolution No.30 of the Executive Council of the University dated 30.4.2014 scrapping requirement of obtaining NOC (No Objection Certificate) from the other similarly situated institutions in the same locality was liable to be quashed and consequently, the in­principle prior approval given by the University on 11.6.2013 and the State Government on 27.6.2013 were also liable to the quashed.
(3.) The learned Single Judge, therefore, directed the Appellant to apply afresh and the Respondents were directed to re­examine the application in accordance with the procedure laid down in the Act of 1986 and the Appellant was further directed not to admit any further students in its new Commerce College. The costs of Rs.1,00,000/­ was also imposed on the Appellant College and Rs.50,000/­ on the University to be paid to the objector Petitioner - MPSES, whose NOC was purportedly not taken before granting such in­principle approval to the Appellant - Swamy Vivekanand Education Trust.;

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