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2021 Supreme(Guj) 185

BIREN VAISHNAV
Shree Gyanjyot Education Trust – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DHAVAL DAVE, SR COUNSEL with UDIT N VYAS
For the Respondent:MR SIDDHARTH DAVE, ADVOCATE for MR DEVANG VYAS, MR. KM ANTANI, Adv.

ORDER :

1. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 12.1.2021 which has the effect of reducing the sanctioned intake of the institute of the petitioner namely; B.G. Garaiya Homeopathy College from 100 seats to 50 seats.

2. The facts in brief are as under:

    * The Petitioner is a public trust. It inter alia runs a college in the name of B. G. Garaiya Homoeopathy College (“College” for short). The College is engaged in imparting education in the discipline of Homoeopathy at the level of graduation leading to the qualification of B.H.M.S. The College was established in the academic year 2012-13 with the intake capacity of 100 seats.

* The College submitted the requisite details in the manner and within the time frame prescribed by the Respondent Nos. 1 & 2 for extension of permission for the academic year 2020-21.

This is not in dispute.

* Thereafter, the College received from Respondent No. 1 the hearing notice dated 19th October, 2020. Vide this notice the College was called upon to render its explanation in writing in respect of the deficiencies alleged therein against the College and avail the

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