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BHARGAV D. KARIA
Limbdi Vikas Trust Through Mr. Ketankumar Hareshkumar Gangdev – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard learned Senior Advocate Mr.D.C.Dave with learned advocate Mr.Udayan P. Vyas for the petitioners, learned advocate Mr.Siddharth Dave for the respondent Nos.1,2,3 and 5, learned advocate Mr.K.M.Antani for the respondent No.4 and learned advocate Mr.A.R.Thacker for the respondent No.6.
1. Rule, returnable forthwith. Learned advocate Mr.Siddharth Dave waives service of notice of rule for the respondent Nos.1,2,3 and 5, learned advocate Mr.K.M.Antani waives service of notice of rule for the respondent No.4 and learned Advocate Mr.A.R.Thacker waives service of notice of rule for the respondent No.6.
2. With regard to the controversy arising in this petition in narrow compass, with the consent of the learned advocates for the respective parties, the same is taken up for hearing.
3. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs :
The main legal point established in the judgment is that the authorities must conduct proper verification and provide the inspection report to the concerned parties before drawing adverse inferences ....
The authorities should consider the explanation and rectification of deficiencies by educational institutions and grant adequate time for addressing the deficiencies, especially in the context of ren....
Point of Law : It emerges that application for renewal made by petitioner is rejected mainly on two grounds that Average Bed Occupancy is less than 30% as per Regulations 2019 and that teaching staff....
Point of Law : Regulation 3(2) with Regulation 9(2) of the Regulations, it is evident that there can be a faculty comprising of consultants who may be appointed on contract basis on part time or on c....
The court emphasized the importance of proper consideration of the petitioner's submissions and the provision of the inspection report for a fair decision.
Regulation no.9 provides for requirements of college which prescribes that there shall be a minimum teaching faculty as per Schedule-IV for the course.
Institutions are not entitled to admit students without valid permission from statutory authorities, and no statutory provision empowers institutions to grant provisional permission to admit students....
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