( 1 ) THIS petition under Art. 226 of the Constitution of India at the instance of Swami Bhagvadacharyaji Education Trust which owns and manages Prabhudas Thakkar College of Arts is unfortunately second round of litigation in the matter of obtained affiliation for the Commerce college which the trust wants to start. The affiliation is sought under the Gujarat University Act 1949 The petitioner-trust started the college in the year 1963 when it had two faculties of Arts and Science. The Science faculty was required to be closed down since its economy did not permit its viability with the result that there is only one Arts faculty in the petitioner-trust college. After the introduction of the new pattern of education which is known as 10+2+3 the Pre-university Arts division was closed down and was handed over to Higher Secondary schools. The present trend of admissions indicate that students are desirous of joining Commerce college reducing the numbers of aspirants to Arts college. The inevitable result of this change in the trend is that there is paucity of student strength in Arts faculty of the petitioner-trust college. Pursuant to the recommendations of High Power Committee appointed by the State Government known as Paul Committee to examine the financial structure of the colleges in the State assisted by the State Government by awarding grant-in-aid and also for recommending the norms for the viability of the existing colleges faculties and measures for preventing establishment and growth of weak and non-viable colleges faculties it was decided by the State Government that nonviable colleges having single faculty should be allowed to open a second faculty for purposes of attaining viability. The petitioner-trust college having regard to the paucity of the student strength in its Arts faculty which fell much below the minimum viability norms of 300 students accepted by the Government decided to start a Commerce faculty with two fold purposes namely (i) attaining viability norms fixed by the Paul Committee and; (ii) catering the need of the large section of student community seeking admission to Commerce college and accordingly made an application for grant of affiliation for additional faculty for Commerce college to be commerce in the academic year 1980-81. Under sec. 33 of the Gujarat University Act 1949 (hereinafter referred to as the University Act) the Executive Council of the Gujarat University had appointed a Need Committee for examining the application of the petitioner-trust college and four other colleges of Ahmedabad city and other two colleges from the mofussils which have sought affiliation under the Gujarat University Act. The Need Committee on consideration of the relevant material reached the conclusion that so far as Ahmedabad colleges were concerned there was no need for granting affiliation to additional commerce faculty in those colleges and that the existing colleges should be allowed to add one more division. In pursuance of this decision of the Need Committee the application of the petitioner-trust for additional commerce faculty in its college was rejected by passing resolution in the meeting held on 12/02/1980 and further decided that the existing colleges should be allowed to add one more division. The Executive Council while accepting the recommendations of the Need Committee not to grant affiliation to the petitioner-trust for additional faculty of Commerce disagreed with the recommendations of the Need Committee for granting permission to add additional classes for the 18 existing colleges in the State. The petitioner-trust therefore preferred an appeal from the decision of the Executive Council under sec. 33 (4) of the University Act to the State Government. The Joint Secretary of the State Government in Education Department heard the representation of the petitioner-trust. However the appellate authority did not agree with the submissions of the petitioner-trust and therefore by