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1993 Supreme(Guj) 300

M.S.PARIKH
Madresa Moinul Islam Kelavani Mandal – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.P.TANNA, B.V.LAKHIA, D.V.Mehta, K.T.DAVE, N.D.NANAVATI, S.J.Nanavati, S.N.SHELAT

M. S. PARIKH, J.

( 1 ) THERE is on the one side the North Gujarat University and on the other side the Government. There is on one side Madresha Moinul Islam Kelvani Mandal and 389 on the other side Vishvamangalam Shardagram Kelvani Mandal. Sandwiched in between are the girl students whose prospects of getting college education are delayed on account of the rectangular rift amongst the aforesaid four parties. The prayers relate to grant of affiliation for Manila Colleges in Himatnagar and surrounding area.

( 2 ) AT the out-set it must be staled that all the learned advocates have more or less submitted that the ultimate fate of all these petitions would rest upon the interpretation of section 35 (5) of the North Gujarat University Act, 1986.

( 3 ) [ ]

( 4 ) NOW, therefore, the provisions of the Act, which have been referred to by the learned advocates for the rival parties may be examined. Section 4 deals with the powers of the university, which are subject to such conditions as may be prescribed by and under the provisions of the Act. Therefore, although there is no power of granting permission for affiliation in any of the clauses (1) to (43) thereof the powers are subject to suc










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