( 1 ) MONPARA Brijeshkumar Vithalbhai and others have filed this petition before this Court under Article 226 of the Constitution of India with a prayer that this court may issue a writ, order or direction in the nature of mandamus quashing and setting aside the communication dated 8. 8. 2003 issued by the Director of Education, which is at Annexure "f" to the petition. By the impugned communication dated 8. 8. 2003, the Director stated that, as far as Rajkot Homeopathy Medical College, respondent no. 4, is concerned, the admission given to the petitioners for the Academic Year 2002-2003 on NRI (Non-Resident Indian) seats or NRI sponsored seats is not as per the Government Regulations Nos. 1 and 2. In view of the same, the admission given by the Rajkot Homeopathy medical College (hereinafter referred to as college) to the students is illegal and the College must inform the students accordingly. The petitioners have challenged the said action along with another Resolution issued by the Government of Gujarat on 7. 12. 1999. It is the case of the petitioners that the said Resolution is contrary to and inconsistent with the principles laid down by honourable the Apex Court in T. M. A. Pai Foundation vs state of Karnataka reported in [2002] 8 SCC p. 481. The petitioners have further prayed that this Court may direct the Registrar, Saurashtra University, respondent no. 3, to enroll the petitioners as students of the saurashtra University, Rajkot, to take their examination and declare the results of Bachelor of Homeopathy medicine and Surgery [bhms] Degree Course of the petitioners who are given admission in the College on nri/nri sponsored seats for the Academic Year 2002-2003.

( 2 ) THE facts giving rise to the present writ petition are as under:2. 1 the petitioners are students in the age group of 18 to 19 years who on aspiring to pursue five and half years degree course in Homeopathy known as B. H. M. S. , applied to Rajkot Homeopathy Medical College, Rajkot, to grant them admission on successfully clearing their 12th standard Higher Secondary Certificate Examination. It is the case of the petitioners that the College is recognized by the Central Council of Homeopathy, New delhi, and affiliated to the Saurashtra University, rajkot. It is the case of the petitioners that the petitioners were admitted to the course on seats reserved for NRI or NRI sponsored candidates. The 1st year degree course in which the petitioners are admitted commenced from 18. 11. 2002 and out of its 5. 1/2 years duration, period of over one year is already completed. The names of the petitioners are shown in the statement at Annexure "b" to the petition. It is the case of the petitioners that the petitioners have prosecuted their studies in the first year degree course and all of them have required number of days of attendance. The College forwarded the names of the petitioners to the University for the purpose of enrolment with the University. The University has refused to enroll the names of the petitioners saying that the admission given to the petitioners is not as per the Rules and the Government communication dated 8. 8. 2003.

( 3 ) WHEN the matter was placed before this Court for hearing, the learned advocate for the petitioners has relied upon the judgment of the Apex Court in the case of t. M. A. Pai Foundation (supra) and also the judgment of the Apex Court in the case of Islamic Academy of education and another vs. State of Karnataka and others, reported in (2003) 6 Supreme Court Cases 697, and also the judgment and order dated 21. 4. 2003 passed by this court (Coram: A. R. Dave, J.), in Special Civil application No. 4687 of 2003, in the case of Soni R. Ashwinbhai vs. State of Gujarat, wherein, in identical situtation, the Court (Coram: A. R. Dave, J.) had admitted the matter and granted interim relief. Relying upon the same, this Court has admitted the matter and granted interim relief. 3. 1. THIS Court passed orders from time to