JUDGMENT :

Nirzar S. Desai, J.

1. By way of this petition, the petitioner has prayed for the following reliefs :-

“(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 commanding Respondents herein to grant permission for admission with an intake of 100 seats to the Petitioner for imparting education in the discipline of Homoeopathy at the level of graduation leading to the qualification of BHMS for the academic year 2018-19 with further direction to the Admission Committee to include Petitioner in the centralized process of admission for the academic year 2018-19 after declaring an Order dated 4th September, 2018 (Annexure "D") passed by Respondent No.1 herein for denying permission to Petitioner to admit students with the intake of 100 seats for the Academic Year 2018-19 as null, void, arbitrary, discriminatory and non-est thereby violating Articles 14 and Article 19 (1) (g) of the Constitution of India;

(B) That, pending admission, hearing and final disposal of this Petition, this Hon'ble Court be pleased to stay implementation, operation and execution of an Order dated 4th September, 2018 (Annexure "D") passed by Respondent No.1 herein for denying permission to Petitioner to admit students with the intake of 100 seats for the Academic Year 2018-19;

(C) That pending admission, hearing and final disposal of this Petition, this Hon'ble Court be pleased to allow the Petitioner to admit students with an intake of 100 seats to commence the academic sessions in the discipline of Homoeopathy at the level of graduation leading to the qualification of BHMS for the academic year 2018- 19 through the centralized process of admission undertaken by Admission Committee of the State on such terms and conditions as the Hon'ble Court may deem fit and proper;”

2. Considering the fact that while passing the interim order dated 16.10.2018, the coordinate Bench of this Court has elaborately stated the facts of the petition as well as the interim prayers, as are referred to above, are referred, to avoid repetition. I do not reiterate the facts and instead I intend to reproduce the order dated 16.10.2018 passed by the coordinate Bench granting interim relief in terms of paragraph 19 (B) & (C), to give a clear idea about for what purpose, the petition was filed and what was considered by the coordinate Bench while granting interim relief. The interim order dated 16.10.2018 reads as under :-

“1. By way of present petition, Shree Bachubhai Alabhai Dangar Homeopathic Medical College challenges the order dated 04.09.2018 at Annexure- D passed by respondent no.1 whereby it denied the permission to the petitioner to admit students with an intake of 100 seats for the academic year 2018- 19 for imparting education in the discipline of Homeopathy at the level of graduation leading to the qualification of BHMS.

2. Pending hearing of the present petition, the petitioner has prayed for interim relief in terms of para-19(B) and © which reads as under :-

“(B) That, pending admission, hearing and final disposal of this Petition, this Hon'ble Court be pleased to stay implementation, operation and execution of an Order dated 4^th September, 2018 (Annexure “D”) passed by Respondent No.1 herein for denying permission to Petitioner to admit students with the intake of 100 seats for the Academic Year 2018-19;

(C) That, pending admission, hearing and final disposal of this Petition, this Hon'ble Court be pleased to allow the Petitioner to admit students with an intake of 100 seats to commence the academic sessions in the discipline of Homeopathy at the level of graduation leading to the qualification of BHMS for the academic year 2018-19 through the centralized process of admission undertaken by Admission Committee of the State on such terms and conditions as the Hon'ble Court may deem fit and proper”

3. The facts leading to the present petition can be stated thus :-

3.1 The petitioner