(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) This writ petition is preferred by the petitioner for direction on respondents to grant permanent affiliation to the petitioner's college. When the matter was taken up, counsel for the petitioner submitted that another writ petition-S.C.A No. 12539 of 2010 was preferred by the petitioner against Resolutions no. 11 & 144 passed by the Syndicate on July 12/15, 2010 and consequential communication, as made by Orders dated 10.08.2010 and 13.07.2010. The aforesaid case has been disposed of by this Court on 7th October 2010 wherein following direction has been issued :
In light of aforesaid challenge made in present petition and raising contentions against respondent-University, according to my opinion, Chancellor of the University have right and power to pass an order for inspection and inquiry under Section 7 (3) and (4) of Vir Narmad South Gujarat University, 1965.
Therefore, when higher authority is having a power to examine challenge, made by petitioner, let petitioner may approach to Chancellor by making a detailed representation, raising all the contentions, including which are raised in present petition, within a period of 15 days from the date of receiving a copy of present order. As and when Chancellor of respondent University receives such representation from petitioner, it is directed to Chancellor to respondent-University to examine such contentions raised by petitioner in representation, while exercising powers under Section 7 of the Vir Narmad South Gujarat University, 1965, independently and then to pass appropriate reasoned order, after giving reasonable opportunity of hearing to petitioner, within a period of 2 (two) months from the date of receiving such representation from petitioner and to communicate decision immediately to petitioner.
It is informed that in view of the remand made in the aforesaid writ petition, the petitioner may be allowed to raise the question, as raised in the present case, before the Vice Chancellor of the University for his decision on merit.
In view of such submission made by the parties, we allow the petitioner to move before the Vice Chancellor, Vir Narmad South Gujarat University, who will decide the same in accordance with law. Writ petition stands disposed of with the aforesaid observation. No costs.
{S.J Mukhopadhaya, CJ.} {Anant S. Dave, J.} Prakash* Top