Gujarat High Court
State Of Gujarat & vs Shree Ayurved Vikas Mandal on 18 November, 2014
Author: Jayant Patel
Bench: Jayant Patel, C.L. Soni
C/LPA/1131/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1131 of 2014
In SPECIAL CIVIL APPLICATION NO. 10770 of 2014
with
CIVIL APPLICATION NO.11566 of 2014
&
CIVIL APPLICATION NO.12678 of 2014
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STATE OF GUJARAT & 1....Appellant(s)
Versus
SHREE AYURVED VIKAS MANDAL, LODRA....Respondent(s)
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Appearance:
MR PK JANI, LD. ADDL. ADVOCATE GENERAL with MR RUTVIJ OZA, AGP
for the Appellant(s) No. 1 - 2
MR DS VASAVADA, ADVOCATE for the Respondent(s) No. 1
MS VYAS for the Applicant in CA No.12678 of 2014
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CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL
and
HONOURABLE MR.JUSTICE C.L. SONI
Date : 18/11/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The present appeal is directed against the order dated 14.8.2014 passed by the learned Single Judge of this Court in Special Civil Application No.10770 of 2014, whereby the learned Single Page 1 of 10 C/LPA/1131/2014 ORDER Judge, for the reasons recorded in the order, has quashed the order of the State, denying the 'No Objection Certificate' and further directed the State to issue 'No Objection Certificate' to the petitioners for converting its grant-in-aid Ayurvedic College into a self-financed one within the time prescribed.
2. We have heard Mr.P.K. Jani, learned Additional Advocate General appearing with Mr.Oza, learned AGP for the appellants and Mr.Vasavada, learned Counsel for the respondent. We have also heard Ms.Vyas, learned Counsel for the applicant of Civil Application No.12678 of 2014.
3. As such, in normal circumstances, if the Government has to get away from the liability to maintain a particular education institution allowing it to be made as self-financed, the Government may encourage the same, since the financial burden upon the Government will be reduced and will be borne by the public at large, including the Trustees or the Trust of a charitable Institution. In the present case, the policy of the Government does provide for such Page 2 of 10 C/LPA/1131/2014 ORDER purpose. Not only that but similarly situated institution namely; Shri J.S. Ayurvedic College, Nadiad was permitted to be converted as self- financed college. In the earlier round of litigation being Special Civil Application No.17021 of 2013, when 'No Objection' was denied, the same was challenged. The learned Single Judge, vide order dated 3.7.2014, had directed the Government to reconsider the application for grant of 'No Objection Certificate'. At the relevant point of time, it also transpired that the major ground for rejection was the negative recommendation made by M.P., Mehsana, M.L.A., Mehsana, Sarpanch, Lodra Village, the President of the Political Party in power and the Chairman of Lodra Kelvani Mandal. After the direction issued vide order dated 3.7.2014 in SCA No.17021 of 2013, against the rejection was reiterated and 'No Objection Certificate' was not granted. The learned Single Judge, at paragraph 14, has recorded the conduct of the State Authorities, which reads as under:-
"14. Pursuant thereto, the concerned Higher Officer in the Department by a noting dated 03.01.2013 has approved of the opinion of Page 3 of 10 C/LPA/1131/2014 ORDER the Director and has recommended that necessary proposal for absorbing the staff from the said college be called for from the Director. The subsequent noting dated 18.01.2013 reads thus: "Discussed with P.S./ME today & this may be submitted with new references of Hon. Minister/H & FW with self contained note." It appears that subsequently, another noting has been put up wherein, it has been stated that the representations of the Sarpanch, Lodra Gram Panchayat addressed to the Hon'ble Minister, Health be taken into consideration. It is further noted that the Hon'ble Minister, Health has given instructions that the representations made in respect of the grantinaid Shri Bala Hanuman Ayurved College, Lodra be taken into consideration. It is also noted that the following representations in respect of conversion of Shri Bala Hanuman Ayurved College into a selffinanced college, are required to be taken into consideration:
(i) Application of Shri Ayurved Vikas Mandal Trust for conversion of Shri Bala Hanuman Ayurved College into a selffinanced college.
(ii) Representation of Jagrutiben H. Patel, President, Taluka Panchayat, Mansa, recommending that after the death of the founder of the Trust, namely, Swami Shri Balramdasji Maharaj, the Trustees of the Trust are not in a position to run the college, hence, instead of converting the said college into a selffinanced college, the same be handed over to Shri Lodra Kelvani Mandal, situated in Lodra village, to run the Ayurved College or that the same be taken over by the State Government.
(iii) Recommendation of the Hon'ble Member of Parliament Jaishreeben K. Patel, that the Trustees of the Lodra Ayurved College are making attempts to convert the same into a Page 4 of 10 C/LPA/1131/2014 ORDER selffinanced college and therefore, it is recommended that the college be handed over to Lodra Kelvani Mandal or be taken over by the Government.
(iv) The President of the Lodra Kelvani Mandal has requested that the grantinaid Ayurved College should not be granted permission to be converted into a self financed college and that if the Trustees of the Lodra Ayurved College are not in a position to manage the grantinaid college, the same be handed over to the Lodra Kelvani Mandal, which is a Public Charitable Trust and also has the necessary infrastructure or that the college be taken over by the State Government or be handed over to some other Trust from the State which is in a position to run the college.
(v) The President of the Bharatiya Janta Party, Gandhinagar has stated that the people of the village have objected to the conversion of the college from grantinaid into a selffinanced one and therefore, it is requested to stop conversion of the said institution into a selffinanced one.
(vi) The Sarpanch, Lodra has stated that the Trustees of Shri Ayurved Vikas Mandal are not in a position to run the only grantin aid college existing in North Gujarat or do not want to run the same and are trying to convert the same into a selffinanced college. If the Trust does not want to run the college as a grantinaid college, the same should not be converted into a self financed college and the same should be handed over to the Lodra Kelvani Mandal or be taken over by the State Government."
4. It is on account of the said circumstances, the learned Single Judge directed the Government to issue 'No Objection Certificate'. Page 5 of 10 C/LPA/1131/2014 ORDER
5. Mr.Jani, learned Additional Advocate General contended that when the requisite standards were not being made available of the teachers as well as of the students and the patients, the Government can be said as justifying in denying 'No Objection Certificate'.
6. We are afraid such contention can be accepted and the reason being that as it appears from the impugned order of the State Government as against the requirement of the teachers and staff of about 180, the Government has sanctioned only about 60 posts. Further, the financial assistance provided by the Government is to limited extent. The stand of the respondent No.1
- original petitioner is that it is on account of the non-availability of sufficient finance or funds, it is unable to meet with the standards. It is also the fact that on account of no proper stands maintained as per the requisite norms, the college is closed. Under these circumstances, if on the one hand the Government is not providing sufficient funds to meet with the standard and sufficient sanction for the requisite number of Page 6 of 10 C/LPA/1131/2014 ORDER staff and the resultant effect is that the college is closed and on the other hand if the Trust is desirous to generate its own fund by running the college as self-financed college, the State Government should encourage the said action, instead of negativing the same. It is hardly required to be said that unless a college is a self-financed college, it will not be possible to charge fees for generating of its fund and unless the fund is available with it, it may not be in a position to meet with the requisite standards to be maintained for running college. On the contrary, it appears that the deficiencies in the colleges are considered as the basis for denying 'No Objection Certificate'. In our view, if the Government was to provide sufficient funds to meet with the standards and has sanctioned for requisite staff, it might stand on different footing and different consideration, but there is no whisper on the said aspect and the deficiencies in the college are made as basis for denying the proposal to become as independent by way of self-financed. Page 7 of 10 C/LPA/1131/2014 ORDER
7. Ms.Vyas, learned Counsel appearing for the Village People made an attempt to submit that at the relevant point of time, the Villagers had donated money to the Trust and the Gram Panchayat made the land available for establishment of the college and there are other Trusts ready to take over the college as grant-in-aid college and, therefore, Government cannot be compelled to issue 'No Objection Certificate' as ordered by the learned Single Judge.
8. In our view, as such in a matter of permitting the college to be converted as self-financed as against grant-in-aid is between the college run by the charitable Trust and the Governmental authority. The villager or the residents of the area cannot have direct say in the matter. Merely because the donations were made or that the land was provided would hardly make any difference for resolution of the dispute when it is to be tested on the aspects of discrimination or the betterment in the filed of education. It is possible that other Trust may be desirous to take over the management, but such would not dis- Page 8 of 10 C/LPA/1131/2014 ORDER entitle the Trust running college to become self- financed.
9. In our view, the grounds contended or the objections raised by Ms.Vyas are non-germane to the exercise of the power and can rather be said as extraneous.
10. We have gone through the reasons recorded by the learned Single Judge, more particularly after paragraph 12 onwards. We do not find that any error has been committed by the learned Single Judge in exercise of the power and, therefore, no case is made out for interference in the present appeal.
11. Lastly, Mr.Jani, learned Additional Advocate General submitted that the time to issue 'No Objection Certificate' be extended as this Court is not inclined to interfere in the appeal and the Government would issue 'No Objection Certificate' in view of the decision of the Division Bench of this Court pronounced today. Considering the facts and circumstances, time to issue 'No Objection Certificate' shall stand Page 9 of 10 C/LPA/1131/2014 ORDER extended till 10.12.2014.
12. The appeal is disposed of accordingly. No order as to costs. Direct service is permitted.
13. In view of the order passed in the main appeal, the Civil Applications would not survive and shall stand disposed of accordingly.
(JAYANT PATEL, J.) (C.L.SONI, J.) vinod Page 10 of 10