I have heard Mr.Y.N.Oza, learned Sr. Counsel with Mr.N.S.Desai, learned Counsel appearing on behalf of the petitioner. I have also heard Mr.V.M. Pancholi, learned AGP appearing on behalf of the respondents No.1 and 2. Issue Rule. Mr.V.M. Pancholi, learned AGP waives service of rule on behalf of the respondents No.1 and 2.
The petitioner is admittedly a minority Institution, imparting the course of PTC. The petitioner is aggrieved by the decision of the Government that the admission in the petitioner Institution should be regulated by the Committee formed by the Government. It is submitted by Mr.Oza that similar applications were filed before this Court and the Division Bench of this Court by an interim order issued certain directions, regulating the admissions in the two petitioner minority Institutions. Those petitions are SCA No.3633/2001 and 12124/2000. Mr.Oza, learned Sr. Counsel for the petitioner, further submits that in the aforesaid two applications, the petitioners are also minority institutions and in their cases also the Government wanted to regulate the admission by the Admission Committee and they have filed the petitions. In the aforesaid two petitions, Division Banch of this Court, by an interim order dated 5-7-2001, issued certain directions, regarding the procedure to be adopted by the minority Institutions for admissions to PTC courses.
The present case is squarely covered by the orders passed by the Division Bench of this Court on 5-7-2001 in the aforesaid cases. Mr.Oza accordingly submits that the Government should be directed to follow the interim directions regarding admission in the matter of admission to the petitioner Institutions. Mr.Oza, further submits that in the directions issued by this Court, in the third direction, a modification is required as the petitioner Institution has not issued the advertisement inviting applications. Therefore, Mr.Oza submits that the Institution will issue the advertisement by 30-7-2001, inviting applications for admission to the PTC courses. Mr.Oza also suggests a modification in the fourth directions of the order and in the aforesaid direction, the date fixed by the Division Bench may be extended in the case of the petitioner Institution in view of the fact that the petitioner Institution will issue the advertisement, inviting applications only on 30-7-2001. Therefore, in place of on 26-7-2001 as specified in the direction No.4, the date may be fixed for the petitioner Institution as 5-8-2001.
I have also heard Mr.Pancholi, learned AGP, who draws my attention to the para No.5 of the direction. It is submitted that the Division Bench passed the order in respect of two institutions only, who filed the cases and, therefore, the Government declined to give similar benefit to the petitioner Institution. Since the petitioner Institution is also a minority Institution, imparting PTC courses, I am of the view that the interim direction issued by the Division Bench of this Court on 5-7-2001 in the aforesaid cases should also be followed in the case of the petitioner Institution.
Accordingly, all the interim directions issued by the Division Bench of this Court on 5-7-2001 in the aforesaid cases shall apply in the case of the petitioner Institution with the modification in direction No.3 that the petitioner Institution shall publish the advertisement, inviting application by 30-7-2001, and in direction No.4, the merit list to be sent to the minority Institution by the Government shall be 5-8-2001.
With the aforesaid modifications, directions issued by the Division Bench of this Court regarding the admission to PTC courses shall apply in case of the petitioner Institution.
List this matter along with the earlier similar applications, SCA No.3633 of 2001 and No.12124 of 2000, which were referred by Mr. Justice M.S. Shah to the Division Bench by his order dated 9-6-2001. This petition is also in the same footing as of the earlier cases and same questions of law are required to be decided and, therefore, list this matter along with SCA Nos.3633 of 2001 and 12124 of 2000 before the Division Bench. Direct service is permitted.
27-7-2001(P. K. Sarkar, J.) vinod