Procedural compliance in educational affiliations is critical; failure to follow mandatory guidelines leads to nullification of approval for new colleges.

1. By preferring this petition under Art.226 of the Constitution of India, the petitioner has, inter alia, prayed for the issuance of an appropriate writ, order or directions to quash and set aside Resolution No. 30 dated 30.04.2013, passed by the Executive Council of Hemchandracharya North Gujarat University (respondent No. 3 herein, wrongly described as 'Hemendracharya' North Gujarat University in the cause title and memorandum of the petition), whereby, it has been resolved to process the application of respondent No. 4 Trust for affiliation of the proposed commerce college, the recommendation dated 11.06.2013, of respondent No. 3 University for the grant of in principle prior approval, as well as the order dated 27.06.2013, passed by the State Government, granting in principle prior approval in favour of the proposed college of respondent No. 4 Trust. Certain other subsidiary reliefs flowing from the above three main prayers have also been sought.

2. Briefly stated, the relevant facts of the case are that the petitioner is a public charitable Trust duly incorporated and registered under the Bombay Public Trust Act, 1950. It is running two colleges, namely (1) C. N. Arts and B. D. Commerce College since 1963, (2) M. M. Shah Mahila Arts College since 1991 and (3) Self Financed English Medium Commerce Division of C. N. Arts and B. D. Commerce College, with effect from 201011. The petitioner manages and runs these colleges in Kadi town. According to the petitioner, the colleges run by it have the intake capacity of 300 (260+40) students in each class of grant - in - aid colleges. The petitioner Trust is not getting sufficient number of students because many students are opting for different courses. Most of the students who can afford to do so, are opting to take their education at other colleges in nearby big cities. The strength of the students in the self - financed English medium division of the Commerce College is steadily decreasing. In order to substantiate this aspect, the petitioner has placed on record the yearwise chart of the students - enrollment in to the petition.

3. Respondent No. 4 Trust applied to respondent No. 3 University for the affiliation of the proposed Ganeshbhai Nagjibhai Patel Commerce College for the B.Com. course in the English medium (hereinafter referred to as 'the new college'), with effect from June 2013. It is the case of the petitioner that even before receiving the in principle prior approval, respondent No. 4 had been admitting students in the first year B.Com. course of the new college. According to the petitioner, in order to make an application for affiliation, it is a condition precedent to obtain a 'No Objection Certificate'(NOC) from any other existing affiliated college situated within the radius of twentyfive kilometers of the new college. The college run by the petitioner being one such, the petitioner refused to issue a No Objection Certi