1. By way of this petition, the petitioner has prayed for the following reliefs :-
"[A] This Hon'ble Court may be pleased to issue a writ of mandamus/prohibition and/or any other appropriate writ, order or direction and to direct Hemachandracharya North Gujarat University, Respondent no. 2 herein and Respondent no. 3 Narsinhbhai Patel Dental College and Hospital, Visnagar to grant admission in PG Dental Course (MDS) pursuant to the provisions of the Gujarat Professional Medical Educational Colleges or Institutions (Regulations of Admission and Fixation of Fees) Act, 2007 and Gujarat Professional Medical Educational Colleges or Institutions (Regulations of Admission of Fees) (Amendment) Rules, 2010 in ratio of 75:25 (Government quota and Management quota (inclusive of 15% NRI seats and implement the order dated 18.05.2012 rendered in Special Civil Application No. 4953 of 2012 in true spirit and grant the admission to the petitioner as per the aforesaid Act and Rules.
(B) [C] & (D) ........"
2. Heard learned counsel for the respective parties. The learned counsel for the petitioner has drawn the attention of the Court to the order dated 18.05.2012 rendered in Special Civil Application No. 4953 of 2012, more particularly on the observations made in para 8.02, which reads as under :-
"8.02. It cannot be disputed that the Act of 2007, regulation of 2010 and provisions of Gujarat University Act, providing for admission in Post Graduate Dental Courses have a statutory force and the same cannot be substituted by such arrangement / consensus arrived at between the State Government and the respondent Nos.6 to 8. This court is not considering on merits whether admission in the Post Graduate Dental Courses in the ratio of 50:50 excluding 15% NRI seats is justifiable or not. However, the question is whether can State and/or respondent Nos.6 to 8 ignore and/or by-pass statutory provisions of Act of 2007 and Regulations of 2010 and provisions of Gujarat University Act, which provide admissions in Post Graduate Dental Courses in unaided institutions in the ratio of 75:25 including 15% NRI seats. No consensus / arrangement can by-pass and/or substitute statutory provisions. As stated above and even it is admitted position that such a consensus / arrangement providing admissions in Post Graduate Dental Courses in the respondent Nos.6 to 8 in the ratio of 50:50 excluding 15% NRI Seats, is not even reduced in writing. Under the circumstances, it appears that such a consensus / arrangement providing admissions in the Post Graduate Dental Courses in the respondent Nos.6 to 8 in the ratio of 50:50 excluding 15% NRI Seats for the academic year 2012-2013 and even admissions given to the respondent Nos.9 to 44 on the basis of the aforesaid ratio is absolutely illegal and contrary to the provisions of the Act of 2007, regulation of 2010 and Gujarat University Act.
3. Attention of the Court has also been drawn to the order dated 30.03.2012 passed by the Division Bench of this Court in Special Civil Application No. 18234 of 2011. Thus, considering the observations made in the aforesaid two orders of this Court, it will not be appropriate for this Court to interpret the order dated 30.03.2012 passed by the Division Bench. In view of the same, Registry is directed to place this matter before the Hon'ble the Chief Justice immediately for necessary orders.
Interim relief granted earlier to continue till 06.07.2012.
[K.S.
JHAVERI, J.] /phalguni/ Top