JUDGMENT :

VINEET KOTHARI, J.

1. Whether the fair and bona fide competition in the field of imparting education should be a ban or a bane is the fulcrum of the present Intra Court Appeal arising out of the CAV Judgment of the learned Single Judge dated 5.7.2016 dismissing the writ petition (Special Civil Application No.15076 of 2013) filed by M.P. Shah Education Society (MPSES), an objector to the approval and affiliation of Respondent No.4 – Swamy Vivekanand Education Trust (SVET) (Appellant before us), whereby the learned Single Judge held that the inprinciple approval of the Commerce Graduation Course given to the Appellant – Swamy Vivekanand Education Trust by Hemchandracharya North Gujarat University (the University) was not in accordance with the provisions of the Hemchandracharya North Gujarat University Act, 1986 (the Act of 1986).

2. The learned Single Judge, therefore, held that the impugned Resolution No.30 of the Executive Council of the University dated 30.4.2014 scrapping requirement of obtaining NOC (No Objection Certificate) from the other similarly situated institutions in the same locality was liable to be quashed and consequently, the inprinciple prior approval give