SARVAJANIK KELAVANI MANDAL Vs. HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) BOTH these petitions are filed by the institutions running as self-financed private colleges imparting post graduate course in pharmacy. According to the petitioners, they acted upon the admission calendar issued by respondent No. 1- Hemchandracharya North Gujarat University, issued advertisement inviting applications from eligible candidates and, on the basis of merits, granted admissions on 40 seats in SCA No. 9964 of 2008 and 10 seats in SCA No. 10049 of 2008. According to the petitioners, the said admissions were granted before the end of June, 2008 and academic sessions started from 25. 06. 2008 as far as the petitioner in SCA No. 9964 of 2008 is concerned and from 10. 07. 2008 in the case of the other petitioner.

(2.) THE respondent University, however, issued an advertisement on 01. 08. 2008 inviting applications from eligible candidates on the basis of the admission rules and regulations of Hemachandracyarya North Gujarat University for academic year 2008-09. The University also addressed communications dated 30. 07. 2008 to the petitioner colleges taking exception to the admissions granted by the petitioner in the first petition, i. e. SCA 9964 of 2008. This communication was in response to the petitioner college's letter dated 23. 07. 2008 sending enrollment forms. It was stated by the Registrar of the University in the said communication that the petitioner was aware of the requirement to grant admissions to the Centralized Admission Committee and admissions were granted by the college directly which was violative of the instructions issued by the University. It was also stated that the admissions granted by the petitioner colleges may be treated as irregular and only admissions granted through the Centralized Admission Committee should be treated as valid. Such communication was sent to the petitioner in SCA No. 10049 of 2008.

(3.) AGGRIEVED by the above communications, the petitioners moved this Court by invoking the writ jurisdiction of this Court under Article 226 of the Constitution.