Gujarat High Court
B. N. Patel Institute Of Paramedical ... vs State Of Gujarat on 5 October, 2021
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
C/SCA/14545/2021 ORDER DATED: 05/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14545 of 2021
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B. N. PATEL INSTITUTE OF PARAMEDICAL SCIENCE & 1 other(s)
Versus
STATE OF GUJARAT & 3 other(s)
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Appearance:
VANDAN K BAXI(5863) for the Petitioner(s) No. 1,2
MS PRACHITI V SHAH(9990) for the Petitioner(s) No. 1,2
NANAVATI & NANAVATI(1933) for the Petitioner(s) No. 1,2
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 05/10/2021
ORAL ORDER
Heard learned Senior Advocate Mr.Sudhir Nanavati assisted by learned learned advocate Mr.Vandan Baxi for the petitioners, learned Senior Advocate Mr.Dhaval Dave assisted by learned advocate Mr.Udayan Vyas for the respondent-University and learned advocate Mr.K.M.Antani for the respondent No.4.
1. The question which arises for consideration of this Court is in narrow compass. It appears that for the course of Bachelor of Optometry conducted by the petitioner No.1-B.N.Patel Institute of Paramedical Science, the respondent- University has not approved the teaching staff since 2019 and therefore, by letter dated 4th August, 2019 followed by letter dated 23rd August, 2021, the respondent-University informed the Page 1 of 5 Downloaded on : Thu Oct 07 01:18:14 IST 2021 C/SCA/14545/2021 ORDER DATED: 05/10/2021 respondent No.4 Admission Committee for Professional Medical Education Course (ACPMEC) to stop allocating the students to the petitioners. It appears that pursuant to the aforesaid letters, no students would be allotted to the petitioner-Institutes by the respondent No.4.
2. Learned Senior Advocate Mr.Dhaval Dave appearing for the respondent-University submitted that the respondent-University is ready to co- operate with the petitioner-Institute by furnishing the name of nominee of the Vice- Chancellor for formation of the interview committee. Learned Senior Advocate Mr.Dave also referred to the letter dated 14.09.2021 of the petitioner-Institute which was replied by the letter of the University dated 28th September, 2021 requesting the petitioners to provide the application of the candidates for appointment as teaching staff as required under clause 1.3.1 of norms for undergraduate students of class of 30 as prescribed by the Council of Optometry.
3. Pursuant to the above letter dated 28th September, 2021 it appears that the petitioners by letter dated 24th September, 2021 informed the respondent-University that application of the candidates were already forwarded on 25th November, 2019 and on that basis, API Committee report from the establishment sanction of the University was also received on 31st December, Page 2 of 5 Downloaded on : Thu Oct 07 01:18:14 IST 2021 C/SCA/14545/2021 ORDER DATED: 05/10/2021 2019 but thereafter, no proceedings were initiated by the University for approving/sanctioning the faculty members of full time staff for the petitioner-Institute.
4. Learned Senior Advocate Mr.Nanavati submitted that on one hand the respondent-University is sitting tight over the matter since 2019 by not approving the full time teaching staff as required by the petitioner-Institute and on the other hand, for no fault on part of the petitioners the respondent No.4 is informed not to allot any students for such deficiency of approved full time teaching staff by the respondent-University.
5. In view of the above submissions, for the interregnum period considering the urgency of the matter, learned advocate Mr.Antani pointed out that the admission process is going on and the admission of the students is likely to start from 13th September, 2021, the following order is passed by way of an interim arrangement:
(i) The respondent-University shall provide a name of nominee of Vice-
Chancellor on or before 6th October, 2021.
(ii) The petitioner-Institution shall publish an advertisement by 7th October, 2021 for appointment as full time teaching Page 3 of 5 Downloaded on : Thu Oct 07 01:18:14 IST 2021 C/SCA/14545/2021 ORDER DATED: 05/10/2021 staff as required by the norms of Council for Optometry for conducting the course of Bachelor of Optometry by the petitioner- Institute as the petitioner-Institute is having only two full time post graduate teaching staff whose profile is already approved by the AIP committee on 31st December, 2019.
(iii) Pursuant to such advertisement inviting applications within a period of seven days from the date of publication of the advertisement and on receipt of applications, the petitioner-Institute shall forward the applications and profile of eligible candidates to the respondent- University within three days thereafter.
(iv) The respondent-University shall give an API committee report within two days from the receipt of profile of eligible candidates to be appointed as full time teaching staff for the petitioner- Institute. The interview committee thereafter shall hold interview within three days and necessary approval shall be granted to the teaching staff of the petitioner-Institute on or before 22nd October, 2021.
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6. In view of the above, the respondent No.4- ACPMEC is directed to allot the students to the petitioner-Institutes in the ongoing admission process. The respondent No.4 shall also inform the students taking admission in the petitioner- Institute about the pendency of this petition.
Stand over to 25th October, 2021. All the learned advocates for the respondents to file affidavit-in-reply before the next date of hearing.
(BHARGAV D. KARIA, J) PALAK Page 5 of 5 Downloaded on : Thu Oct 07 01:18:14 IST 2021