K.M.MEHTA,J. - (1.) Shaikh Asiabibi Usmangani and others, petitioners, have filed this petition before this Court under Article 226 of the Constitution of India with a prayer that this Court may issue a writ, order or direction in the nature of mandamus quashing and setting aside the communication dated 8.8.2003 issued by the Assistant Director, Indian Medical & Homoeopathy Board, Gandhinagar, which is at Annexure "F" to the petition. By the impugned communication, the respondent No.1 stated that the admission of the petitioners in the Degree Course in Homoeopathy known as Bachelor of Homoeopathy Medicine and Surgery ('B.H.M.S') with the respondent No.4-College for the Academic Year 2002-03, on NRI (Non-Resident Indian) seats or NRI sponsored seats, is cancelled as their admission is contrary to the instructions issued by the Government earlier in this behalf. It is the case of the petitioners that the impugned order dated 8.8.2003 is contrary to the judgment of the Supreme Court in T.M.A. Pai Foundation v. State of Karnataka reported in [2002] 8 SCC p.481. The petitioners have, therefore, prayed that the impugned action of the respondents-Authorities be declared as illegal, mala fide, arbitrary and violative of Article 14 of the Constitution of India. The petitioners have further prayed that this Court may be pleased to direct the Registrar, North Gujarat University, to en-roll the petitioners as students of North Gujarat University, Patan, take their examination and, thereafter, declare the results of B.H.M.S. Degree Court of the petitioners who are given admission in the respondent No.4-College on NRI/NRI sponsored seats for the Academic Year 2002-2003. The petitioners have further submitted that the resolution dated 8.8.2003 is also violative of rules of natural justice.
(2.) The facts giving rise to the present writ petition are as under : 2.1 The petitioners are students in the age group of 18 to 19 years who on aspiring to pursue five and half years degree course in Homoeopathy known as B.H.M.S., applied to Baroda Homoeopathy Medical College, to grant them admission on successfully clearing their 12th Standard Higher Secondary Certificate Examination conducted in the month of March/April 2002. It is the case of the petitioners that the Baroda Homoeopathy Medical College is recognised by the Central Council of Homoeopathy, New Delhi, and affiliated to the North Gujarat University, Patan. It is the case of the petitioners that the petitioners were admitted to the course on seats reserved for NRI or NRI sponsored candidates where the concerned Management was having exclusive right to grant admission to the students. The petitioners have annexed a statement in which it has been indicated that the petitioners are pursuing their studies since 18.11.2002. The petitioners have applied to the respondent No.4-College and they were given admission in the first year degree course during October 2002 and the academic term of course in which the petitioners are admitted commenced from 18.11.2002 and out of 5.1/2 years duration, period of one and half years is already completed making them entitled to take annual examination starting from 7.4.2004. The petitioners have prosecuted their studies in the first year degree course and all of them have required number of days of attendance. The respondent No.4-College forwarded the names of the petitioners to the respondent No.3-University for the purpose of enrolment with the University. However, the respondent No.3-University has refused to enrol the names of the petitioners and returned the forms to the respondent No.4-College saying that, admissions given to the petitioners are not as per the rules according to the Government communication dated 8.8.2003.
(3.) The petitioners submitted that, in an identical matter, this Court (Coram: A.R.Dave, J.), in Special Civil Application No.4687 of 2003, in the case of Soni Daxesh Ashwinbhai v. State of Gujarat, by order dated 21.4.2003, admitted the said writ petition and granted interim relief to the students who are similarly situated. The petitioners have relied upon the aforesaid order.;