1. Heard Mr.Mehta, learned advocate for the applicants and Mr.Contractor learned advocate for the respondent- University.
2. Learned advocate, Mr.Contractor, for the University has taken a stand that University has filed its reply, which reads as under:
"I, Shrimati Dr.Kumudhavalli, the Registrar, Shreemati Nathibhai Damordar Thackersey Women's University do hereby solemnly affirm and state as follows:
1. I say and submit that the subject of vital issue in the present case is about allotment of the management quota seats. The related important sub-issues are:
i. What is the scope of the right of the college to the management quota seats? ii.What are limits on it?
iii.When and how it can be exercised?
2. I say and submit that I submit a table that gives a complete picture regarding admission of students allotted to colleges named therein. It also shows clearly how the students were allotted to each college in each category in the HC-NIC Page 2 of 4 Created On Sat Oct 17 02:39:15 IST 2015 SCA/11205/2012 3/4 ORDER first instance i.e. regular admissions as well.
3. I say and submit that therefore, each college is well aware of the admission procedure of the University. Each of the colleges is alloted students as per category applicable to it under the facts and circumstances of the case in regular course.
4. I say and submit none of the students has appeared before the admission committee on the prescribed admission day and obtained admission during the regular admission process. This is amply established by the fact that none has produced any document regarding admission granted to her/them.
5. I say and submit that the college in question is not entitled to secure admission for its students beyond the prescribed limit 50% for students outside the State of Gujarat.
6. I say and submit that the prospectus clearly states that after the admission date is over all the vacant seats including management seats come back to the University.
7. I say and submit that under the facts and circumstances of the case the not a single student is entitled to the examination on the basis of even management quota".
HC-NIC Page 3 of 4 Created On Sat Oct 17 02:39:15 IST 2015 SCA/11205/2012 4/4 ORDER
3. It seems that University has not implemented the order but treated and interpreted the order of the Court in a manner which suits to them. Mr.Contractor has stated that it is not the job of the University but it is the job of the Court to verify and confirm and pass the order. The University is not going to examine the order and take decision on its own.
4. The stand to be taken by the statutory authority is that they have to either challenge the order of the learned Single Judge or to execute the order and act in compliance with the order. Even if, any application is contrary to law or which is not falling within the purview of the Court's order, it will be open for the University to reject the same by giving reasons.
5. The order passed by this Court is attempted to be taken by the University as if it is the Court's responsibility.
6. In that view of the matter, respondent-University is given a chance to comply with the order of this Court and pass appropriate order within a period of 2 weeks from today.
7. It will be open for this Court to pass further order, if necessary.
8. S.O. to 15th October, 2012.
(K.S.JHAVERI, J.) (ashish) HC-NIC Page 4 of 4 Created On Sat Oct 17 02:39:15 IST 2015