Gujarat High Court
Parul University vs Hemchandracharya North Gujarat ... on 13 March, 2020
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/5863/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5863 of 2020
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PARUL UNIVERSITY
Versus
HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITY
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Appearance:
MR DC DAVE, SR COUNSEL with MR UDIT N VYAS(9255) for the
Petitioner(s) No. 1,2
for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 13/03/2020
ORAL ORDER
1. The communication dated 9.1.2020 of Hemchandracharya North Gujarat University, Patan is under challenge, by which, the students pursuing their BHMS course under the aegis of the Parul University shall not be permitted to appear in the BHMS examination conducted by the respondent University.
2. It is the case of the respondent University that the petitioner No.2 - College which is the constituent of petitioner No.1 - University is not cooperating with the affiliation process and the students pursuing BHMS course shall not be allowed to appear in the examination conducted by the respondent - University.
3. Mr.D.C. Dave, learned Senior Counsel appearing with Mr.Udit N. Vyas, learned advocate for the Page 1 of 3 Downloaded on : Sat Mar 14 03:51:35 IST 2020 C/SCA/5863/2020 ORDER petitioners relied on sub Section (5) of Section 3 read with Section 45 of the Gujarat Private Universities Act, 2009 and submit that university to which the college was previously affiliated has to take the examination of the students in accordance with the courses of studies of the university. Reliance for the purpose is placed on a decision of this Court reported in 2017 (SCC ONLINE GUJ) 1543 in the case of Parul University of Ayurved v. Gujarat Ayurvedic University, wherein, interpreting the Sections referred hereinabove, this Court in paragraph Nos.23 and 24 held as under:
"23. By enactment of Section 45, a care has been taken to protect the interest of the students that they may continue pursuing their studies or the course in the same manner and the courses will be conducted in accordance with the course of studies of the respective University, meaning thereby, the University, with which such Institute was earlier affiliated like the Respondent herein. Further an obligation has been cast upon the University established under the Act to provide instructions, teaching and training to the students in accordance with the course of studies of the respective University so that such students can pass out in the examination that may be held by the respective University. Meaning thereby the Respondent University with whom such Institute was affiliated when the students started pursuing their courses. Therefore, considering the rule of harmonious construction and the statutory provisions or the statute, it leaves no doubt that the students may continue to study in the constituent college or the Institute like the Petitioner Institute even after its de-affiliation with the Respondent University and shall provide for their courses, training etc. and also for the purpose of examination. Therefore, the students may continue their studies and thereafter they will pass out the examination held by the University like the Respondent herein with which the Institute was also affiliated. Any other interpretation which is sought to be made would be contrary to the legislative intent which has been expressly provided and made by the Page 2 of 3 Downloaded on : Sat Mar 14 03:51:35 IST 2020 C/SCA/5863/2020 ORDER legislature. Therefore the insistence of the learned Advocate for the Respondent University that de- affiliation process should take place in phased manner and till then the Petitioner Institute should be continued as affiliated with the Respondent University subject to their control and supervision, cannot be readily accepted.
24. One more aspect which is required to be considered with regard to the examination fees has been taken care of vide Section 45 of the Act that the examination could be conducted by the Respondent University and the constituent college or the Institute will provide for training, examination etc. would include in such arrangement and the examination fees to be given to the Respondent University. Therefore, once the Petitioner Institute has been de-affiliated or is deemed to have been affiliated to the newly established University under Section 3 of the Act, there is no reason to allow any control or supervision by the Respondent University except for the limited purpose as stated above. The statute itself has made it clear obliging such Institute or the constituent college to make arrangement for the studies of the students as per the courses of the respective University i.e. the Respondent University with which it was earlier affiliated would also leave no doubt about the interest of the students which has been taken care. Therefore, any submission made by learned Advocate Shri Siraj Gori are misconceived."
4. Issue NOTICE, returnable on 20.4.2020.
5. In the meantime, there shall be ad-interim relief in terms of paragraph No.26(c).
Direct Service, today, is permitted.
(BIREN VAISHNAV, J) *** VATSAL Page 3 of 3 Downloaded on : Sat Mar 14 03:51:35 IST 2020