Faculty Of Computer Application vs Fee Regulatory Committee on 7 May, 2013

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Gujarat High Court

Faculty Of Computer Application vs Fee Regulatory Committee on 7 May, 2013

Bench: K.M.Thaker

  
	 
	 FACULTY OF COMPUTER APPLICATION....Petitioner(s)V/SFEE REGULATORY COMMITTEE THROUGH MEMBER SECRETARY....Respondent(s)
	 
	 
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 


	C/SCA/230/2012
	                                                                    
	                           ORDER

 
	  
	  
		 
			 

IN
			THE HIGH COURT OF GUJARAT AT AHMEDABAD
		
	

 


 


 


SPECIAL CIVIL
APPLICATION  NO. 230 of 2012
 


 


 

================================================================
 


FACULTY OF COMPUTER
APPLICATION....Petitioner(s)
 


Versus
 


FEE REGULATORY COMMITTEE
THROUGH MEMBER SECRETARY....Respondent(s)
 

================================================================
 

Appearance:
 

MR
DC DAVE, SR. COUNSEL, WITH MR PA JADEJA, ADVOCATE for the
Petitioner(s) No. 1
 

MS
MANISHA LAVKUMAR, ADVOCATE for the Respondent(s) No. 1
 

RULE
NOT RECD BACK for the Respondent(s) No. 1
 

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CORAM:
				
				
			
			 
				 

HONOURABLE
				MR.JUSTICE K.M.THAKER
			
		
	

 


 Date : 07/05/2013 

 


ORAL ORDER

Heard Mr. D.C.Dave, learned Senior Counsel, with Mr. Jadeja, learned advocate for the petitioner, and Ms. Manisha Lavkumar, learned advocate for the respondent Committee.

2. Having regard to the submissions by learned Senior Counsel for the petitioner and learned counsel for the respondent, it has emerged that the petition can be disposed of, at this stage, without entering into the merits of the issues raised in the petition, with below mentioned observations and clarifications.

The below mentioned observations and clarifications are framed and formulated on the basis of and in light of the submissions by learned Senior Counsel for the petitioner and learned counsel for the respondent Committee.

3. The petitioner shall make a representation alongwith relevant data in support thereof to the respondent Committee within a period of 4 weeks from today requesting the respondent Committee to reconsider the fee structure which is settled by the respondent Committee by the order impugned in the petition.

4. The respondent Committee shall take decision on merits in respect of the petitioner's representation without being influenced in any manner by the fee structure in question.

5. The respondent Committee shall accord an opportunity of hearing to the petitioner or its representative, as the case may be, before taking the decision in respect of the aforesaid representation.

6. The aforesaid decision may be taken by the respondent Committee, as expeditiously as possible, preferably by 31st August, 2013.

7. Till such decision is taken by the respondent Committee, the petitioner shall charge fees as per the fee structure in question, however, it will open for the petitioner to continue to take undertaking from the students for the differential amount of fee, if any, on the basis of the aforesaid decision of the respondent Committee.

8. It will be open for the petitioner to challenge the aforesaid decision of the respondent Committee in accordance with law if the petitioner feels aggrieved by the same.

With the aforesaid direction, present petition stands disposed of. Rule is made absolute in above terms.

(K.M.THAKER, J.) kdc Page 2 of 2

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