Point of Law - Needless to say that once the petitioner successfully completes the said procedure of recruitment, the university will also take up and conclude the further procedure on urgent basis, in accordance with law.

ORDER :

Heard learned advocate Mr.Sudhanshu A. Jha for the petitioners/applicants, learned Senior Advocate Mr.S.N.Shelat assisted by learned advocate Mr.Vikas Nair for the respondent No.2, learned advocate Ms.Niyati V. Vaishnav for the respondent No.3 and learned Assistant Government Pleader Ms.Nidhi Vyas for the respondent-State.

Order in Special Civil Application :

1. By this petition, the petitioners have challenged the action of the respondent No.2-University for placing the petitioners who are the students of the respondent No.3-College in no admission zone. The petitioners have also prayed to direct the respondents not to change the subjects and College of the students of the respondent No.3 College in mid of the year and not to alter the admission and subjects of the petitioners in the respondent No.3-College.

2. The petitioners have also prayed to quash and set aside the order dated 3rd December, 2020/25th November, 2020 passed by the respondent No.2-University whereby, the respondent No.2-University intimated the respondent No.3-College that the respondent No.3-College is placed under the no admission zone in view of the order dated 31st July, 2020 passed by this Court (Coram : Hon’ble Mr.Justice G.R.Udhwani, as his Lordship was then) in Special Civil Application No.8598 of 2020 as the respondent No.3-College did not complete the recruitment process of seven Professors. It was also intimated by the respondent No.2-University to the respondent No.3-College to transfer the students who are admitted in Semester-I of the Bachelor of Arts Course for the year 2020-2021 to other College and to refund the Fees collected from such students. It was also intimated to the respondent No.3-College to forward a list of the students to the University so that the University can transfer such students to the other College and in failure of such action on the part of the respondent No.3-College, the responsibility was fastened on the respondent No.3-College for default.

3. It is the case of the petitioners that the petitioners have taken the admission in the respondent No.3-College in the subjects of Social Science and Psychology in the course of Bachelor of Arts and after taking the admission, the respondent No.2-University has placed the respondent No.3-College in no admission zone and thereafter the petitioners were not transferred to other College and hence, the petitioners have preferred this petition.

4. Grievance was also raised on behalf of the petitioners when the matter was heard on 15th February, 2021 that the petitioners would not be able to appear in the ensuing first year Bachelor of Arts Examination in the subject of Sociology and Psychology scheduled from 17th February, 2021 in view of the order dated 25th November, 2020/3rd December, 2020 by which the University refused to recognize the respondent No.3-College and place the same under the no admission zone. This Court (Coram: Hon’ble Mr.Justice Biren Vaishnav) on 15th February, 2021 passed the following order permitting the petitioners to appear in the Examination beginning from 17th February, 2021:

“1. Heard Mr.Sudhanshu Jha, learned advocate for the petitioner Ms.Niyati Vaishnav, learned advocate for respondent No.3-College and Mr.Vikas Nair, learned advocate for the respondent No.6-University.

2. In this petition under Article 226 of the Constitution of India, the predicament of the students is that since the college has been placed under the “No Admission Zone”, for purported non compliance of the order dated 31.07.2020 passed by this Court, they will not be able to appear in the ensuing first year B.A Examinations in the subject of Sociology and Psychology scheduled from 17.02.2021. This has resulted due to the order of the University dated 25.11.2021 by which the University has refused recognition placing the college under the no admission zone. However, reading the impugn