Sandip Harshadray Munjyasara vs Chhatrapalsinh Dilavarsinh ...

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard Party-in-Person- Shri Sandip Munjusara, learned advocate Mr. P.A.Jadeja for the respondent No.1 and learned advocate Mr. Rohan Luvkumar for the respondent No.2.

2. This Miscellaneous Civil Application was filed invoking the jurisdiction of this Court under the Contempt of Court's Act, 1971 in which it was complained that the directions passed by the Division Bench in judgment dated 2.8.2018 in Writ Petition (PIL) No.113 of 2018 was not complied with.

2.1 Paragraph No.6 containing directions of the aforementioned order was as under.

"6. In view of the above and for the reasons stated above, present Page 1 of 4 Downloaded on : Sat Aug 29 01:17:41 IST 2020 C/MCA/578/2019 ORDER Writ Petition (PIL) succeeds. It is directed that for the courses in question imparted by the respondent No.1 - GFSU, they are governed by the provisions of the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 and henceforth / hereinafter they must approach the ACPC and follow the provisions of the Act, 2007 for the courses in question. At this stage it is required to be noted that so far as the academic year 2018-19 is concerned, in the larger public interest this Court permitted the respondent No 1 - GFSU to give admission in the courses in question on their own, however the entire admission process for the current year is supervised and monitored by the Admission Committee for Professional Courses. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs."

2.2 The aforesaid paragraph was preceded by the observations and findings in paragraph No.5.8, extracted hereinbelow, "5.8 Now, once the respondent No.1 GFSU is considered to be professional educational institution as defined under Section 2(1) of the Act, 2007 and the courses in question can be said to be "professional courses" for the purpose of the Act, 2007 considering the provisions of the Act, 2007, for the courses in question the respondent No.1 - GFSU shall be subjected to the provisions of the Act, 2007 and for the purpose of admission they have to approach the ACPC and the Act, 2007 shall govern the courses in question, unless they are declared as centre of excellence under Section 13A of the Act, 2007 and that too after following the procedure as required under the provisions of the Gujarat Professional Technical Educational Colleges or Institutions (Procedure for declaration of Centre of Excellence) Rules, 2014. In the case of Writ Petition (PIL) No.62/2018 in respect of Raksha Shakti University it is observed and held that unless and until a "professional educational institution" defined under Section 2(1) of the Act, 2007 is exempted from purview of the Act, 2007 by declaring it as a centre of excellence as per Section 13A of the Act, 2007, such professional educational institution imparting the professional courses as defined under Section 2(k) of the Act, 2007 shall be governed by the provisions of the Act, 2007. In the present case, admittedly, there is no such declaration as per Section 13A of the Act, 2007, declaring the respondent No.1 - GFSU or declaring the courses in centre of excellence. Therefore, being a professional educational college / institution, as defined under Section 2(1) of the Act, 2007, the University imparting professional courses as defined under Section Page 2 of 4 Downloaded on : Sat Aug 29 01:17:41 IST 2020 C/MCA/578/2019 ORDER 2(k) of the Act, 2007, the respondent No.1 - GFSU is bound to follow the Act, 2007 and is subjected to all the provisions of the Act, 2007."

3. The directions thus were to the effect that for the courses in question imparted by respondent No.1- Gujarat Forensic Science University which was governed by the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of admission and Fixation of fees) Act, 2007, it will have to approach the Admission Committee for Professional Courses (ACPC) and to follow the provisions of the Act, 2007 for the courses in question.

3.1 The exception as observed in paragraph No.5.8 was that the provisions of the 2007 Act would not apply if the institution is declared as the Centre of Excellence under the Gujarat Professional Technical Educational Colleges or Institutions (Procedure for declaration of Centre of Excellence) Rules, 2014.

4. Today, learned advocates for the respective respondents have filed their Affidavit-in-reply. Referring to Affidavit-in-reply filed by the Registrar of the Gujarat Forensic Science Universities, respondent No.2 herein, it is stated inter alia in paragraph No.3 of the reply as under, "3. ... vide Notification dated 15th June, 2019 of the Education Department of the State Government in exercise of the powers conferred by section 13A of the Gujarat Professional Technical Educational (Colleges or Institutions) (Regulation of admission and Fixation of fees) Act, 2007 in pursuance of the provisions of clause(c) of the rule 2 of the Gujarat Professional Technical Educational (Procedure for declaration of Centre of Excellence) Rules, 2014 has notified the GFSU as Centre of Excellence and thereby exempting the GFSU from all the provisions of the Gujarat Professional Technical Educational (Colleges or Institutions) (Regulation of admission and Fixation of fees) Act, 2007. Attached herewith and marked as EXHIBIT-I is a copy of the said Notification dated 15th June, 2019 of the Education Department of the State Government notifying the GFSU as Centre of Excellence."

C/MCA/578/2019 ORDER

5. Thus, under the aforesaid Notification dated 15.6.2019 published in the Government Gazette, copy of which was made available for perusal to the court, in exercise of powers under Section 13A of the aforementioned Act of 2007 read with clause

(c) of Rule 2 of the Rules of 2014, the State Government has notified respondent No.1 Gujarat Forensic Science University as the Center of Excellence.

6. Having been declared as above and conferred the status of center of Excellence as above, Gujarat Forensic Science University

- respondent No.2 hence stands out of purview of the directions issued in para 6 of abovementioned judgment and order dated 2.8.2018 in Writ Petition (PIL) No. 113 of 2018. Respondent No.2 is thus not required to and is relieved from complying with the said direction. The question of committing contempt does not arise.

7. Accordingly, the present contempt application does not survive. The same is disposed of. Notice is discharged.

(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./ Manshi Page 4 of 4 Downloaded on : Sat Aug 29 01:17:41 IST 2020