JUDGMENT :

1. Heard learned Senior Advocate Mr. Dhaval Dave for learned advocate Mr. Udayan Vyas for the petitioner, learned advocate Mr. A.R.Thacker for the respondent-University in Special Civil Application No. 15885 of 2020, learned advocate Mr.Siddharth Dave for learned advocate Mr. Devang Vyas for respondent No.2- Union of India and learned advocate Mr. K.M.Antani for respondent No.3 in Special Civil Application No. 1875 of 2021.

2. In these three petitions the petitioner has challenged the action of the respondent- Saurashtra University recommending the State Government to withdraw the affiliation granted to the petitioner gradually under the provisions of the Saurashtra University Act, 1965 [for short’ Act,1965].

3. Special Civil Application No. 9300 of 2020 was preferred by the petitioner with the following prayers:

“[A] Your Lordships may be pleased to admit and allow the present petition;

[B]Your Lordships may be pleased to issue a writ of Mandamus or writ of Certiorari or any other appropriate writ/s, order/s and/or direction/s

(i) Quashing and setting aside the Resolution/order dtd 14.08.2019 passed by the Syndicate of the Respondent- University.

(ii) directing the respondent authorities to grant affiliation/re-affiliation to the petitioner for conducting Bachelor of Homeopathic Medicine and Surgery (B.H.M.S.) Course Administration and further be pleased to direct the respondent University to allot students to the petitioner for the Academic Year 2020-21.

[C] Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to grant ad interim/ interim relief

(i) staying the execution/implementation of the Resolution/order dtd 14.08.2019 passed by the Syndicate of the Respondent University.

(ii) directing the respondent to grant affiliation to the petitioner for conducting Bachelor of Homeopathic Medicine and Surgery (B.H.M.S.) Course and further be pleased to direct the respondent No.1 to allot students to the petitioner for the Academic Year 2020- 2021.

[D] Such other and further relief/s as may be deem just and proper in the facts and circumstances of the case may please be granted in favour of the petitioner in the interest of justice.”

4. Special Civil Application No. 15885 of 2020 is filed for the following prayers:

“A. That, this Hon’ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction declaring that a Resolution No. 16(2) passed by the Syndicate of the Saurashtra University in its meeting held on 5th November, 2020 (Annexure-”N”) to the extent of not recommending State Government to continue affiliation for 1st year of discipline of Homeopathy at the level of graduation leading to the qualification of BHMS for one year from 15th June,2020 to 14th June,2021 is null, void, illegal, arbitrary, unreasonable, non-est and in violation of fundamental rights guaranteed under Article 14 and Article 19(1)(g) of the Constitution of India thereupon be pleased to quash and set aside the same so that extent.

B. That, this Hon’ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction commanding Respondent herein to grant affiliation to Petitioner for 1st year also alongwith 2nd, 3rd and 4th year of discipline of Homeopathy at the level of graduation leading tot he qualification of BHMS from the academic year 2020-21;

C. That, pending admission, hearing and final disposal of this petition, this Hon’ble Court be pleased to stay implementation, execution and operation of the Resolution No. 16(2) passed by the Syndicate of the Saurashtra University in its Meeting held on 5th November,2020 (Annexure-N) to the extent of not recommending State Government to continue affiliation for 1st Year of discipline of Homeopathy at the level of graduation leading to the qualification of BHMS for one year from 15th June,2020 to 14th June,2021;

D. That, pending admission, hearing a