Gujarat High Court
Navjivan vs State on 27 January, 2011
Author: S.J.Mukhopadhaya
Bench: S.J. Mukhopadhaya
Gujarat High Court Case Information System
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SCA/16508/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16508 of 2010
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NAVJIVAN
EDUCATION TRUST THROUGH MANAGING TRUSTEE - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 1 - Respondent(s)
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Appearance :
MR
YN OZA, SR. ADVOCATE with MR BP GUPTA for Petitioner(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 1,
NOTICE SERVED BY
DS for Respondent(s) : 2,
MR AMIT M PANCHAL for Respondent(s) :
2,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 27/01/2011
ORAL ORDER
(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) It appears that 35 students of the petitioner institution (CK Patel College of Social Work) have been transferred to 9 other colleges mainly on the following grounds :-
(i) The petitioner institution charged more fees from the students towards examination fees. In place of Rs.910/-, they have charged Rs.1,160/- i.e. excess of Rs.250/- charged per student and thereby the students have been mentally harassed.
(ii) The 2nd Semester fee of Rs.15,000/- had been taken in advance, and
(iii) The services of two teachers have been illegally terminated.
2. Prima facie, we are of the view that the students of an institution cannot be transferred to other institution on the ground of termination of services of one or other teachers. However, if the 2nd semester fee is charged in advance, i.e. prior to starting of the classes, there cannot be alleged to be some misconduct for transferring the students, but to de-affiliate the concerned institution.
3. The grievance of the petitioner is that the Committee consists of a person, who is competitor of the petitioner institution and running a parallel college in the same District. At his instance, a report has been hurriedly prepared as at page 52A (Report of Inquiry Committee) on the basis of which the University hurriedly passed the impugned order.
4. It appears that the 9 institutions in which the students have been transferred are situated within the Districts of Patan and Sabarkantha.
5. To find out whether the allegations were correct or not and due to bias of one or other persons in the Inquiry Committee, the report was hurriedly submitted, we are of the view that a Judicial Officer may make an inquiry to consider the grievance.
6. The petitioner institution and the University are directed to give the names of the 35 students from whom the charging of excess examination fee is alleged. They will also give the names of the colleges in which they have now been transferred. The list of respective colleges of the districts concerned be provided to the Principal District Judge, Patan and the Principal District Judge, Sabarkantha. They in their turn will appoint one of the Judicial Officers not below the rank of the Additional District Judge, who will visit the respective colleges and inquire from the concerned students preferably on a Court non-working Saturday. The Principals of the respective colleges situated in the Districts of Patan and Sabarkantha will co-operate with the Judicial Officer and will allow interaction with the students in camera. The Officer will visit the petitioner institution and verify from the record including the receipts and the examination fees charged from the 35 students.
The process of inspection be started immediately and the report be submitted before the next date.
Let a copy of this order be handed over to the counsel for the parties.
The Registrar General of this Court will also forward a copy of this order to the Principal District Judge, Patan and the Principal District Judge, Sabarkantha.
Post the matter on 28th February, 2011.
In the meantime, the University will allow the students, those who are attending the petitioner institution as on today, to fill up the examination forms for the forthcoming examination.
[S. J.
MUKHOPADHAYA, CJ.] [K. M. THAKER, J.] sundar/-
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