Point of Law - As per Section 35 of the Hemchandracharya North Gujarat University Act, Rules and Statute, the power to deny the affiliation is not with the University and the Executive Committee could not have denied affiliation in view of Section 35(iv) (v)(vi)(vii) and (viii) of the said act. It was submitted that the powers are with the State Government and therefore, the action of denying the admission for the year 2020-21 was illegal and arbitrary.

JUDGMENT :

Heard learned advocate Ms.Mamta Vyas for the petitioner, learned Assistant Government Pleader Mr.Dhawan Jayswal for the respondent No.1 and learned advocate Mr.Siddharth Dave for the respondent No.2.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

“(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the letter/order dated 26/10/2020 and Resolution No.106, dated 20/10/2020 passed by the Respondent no.2 and further be pleased to direct the respondents No.2 & 3 to include the name of the petitioner college in the list of approved colleges for allotment of students through Central Admission process and to allot the students under Centralized Admission process tot he petitioner institution for the year 2020-21 for the B.Ed. Course; And / or

(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction permitting the petitioner institution to admit the students on its own and further be pleased to direct the Respondent No.2 and 3 to approve the admission of the students for all purposes;

(C) Pending admission, hearing and final disposal of the present petition, be pleased to stay the operation, implementation and execution of order dated 26/10/2020 and further be pleased to direct the respondent No.2 and 3 to include the name of the petitioner college in the list of approved colleges for allotment of students and to allot the students under Centralized Admission process to the petitioner institution for the year 2020-21 for the B.Ed. Course;

(D) Be pleased to award the cost of this petition.

(E) Be pleased to pass such other and further relief as may be deemed just and proper by your Lordships in the facts and circumstances of the case.”

3. The brief facts of the case are as under :

3.1 The petitioner institution was granted recognition in the year 2007 by the National Council for Teachers Education (for short “NCTE”) for starting the B.Ed. course with intake of 100 students.

3.2 The petitioner institution is affiliated with the respondent No.2 – Hemchandracharya North Gujarat University.

3.3 In view of the amendment of National Council for Teachers Education Act, 2014 revised recognition order was granted by NCTE on 18th August, 2016 and thereby, the B.Ed. course of two years duration with annual intake of 100 students i.e. two basic units of 50 students each was granted.

3.4 It is the case of the petitioner that show-cause notice dated 5th February, 2019 was issued to all the institutions in the Gujarat including the petitioner institution and one unit of 50 students was continued considering the staff profile and another unit of 50 students was pending with the NCTE.

3.5 In the academic year 2019-20, the respondent University under Centralized Admission process allotted 50 students to the petitioner institution including 55 students of Economically Weaker Section (EWS) and thereafter, such students were pursuing their studies with the petitioner institution.

3.6 The petitioner institution in the year 2020-21 invited applications pursuant to the advertisement issued by the University for admission in B.Ed. course and accordingly, the students give the choice with the petitioner college as the first preference in the forms which are filled in by them. Such forms were to be verified on or before 20th October, 2020 by the respondent No.2 – University for allotment of the students to the petitioner institution, however, the Executive Committee member of the University Shri Shaileshbhai Patel along with other two members without any intimation, visited the petitioner’s college on 16th October, 2020. The Chairman of the petitioner institution had made a complaint alleging serious illegalities, misappropriate of funds and favouritism in appointment of clerks in the University against Shri Shaileshbhai Patel as well as against the