Dismissed

Gujarat State Self Finance P.T.C.-C.P.Ed. and B.Ed Colleges v. State of Gujarat

Gujarat HC23 Feb 2022SCA/5001/2012

Case brief

AI extract

What is this about?

Unaided PTC colleges challenged the State Government's imposition of a 90% state quota for admissions. The High Court found the petition infructuous due to rule amendments and disposed of it without addressing the merits.

What did the court decide?

The petition was disposed of as having become infructuous with a liberty to file fresh proceedings if any grievance remains.

Gujarat State Self Finance P.T.C.-C.P.Ed… — Pension and Retirement Benefits | Gujarat HC (2022)

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C/SCA/5001/2012 ORDER DATED: 23/02/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 5001 of 2012

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GUJARAT STATE SELF FINANCE P.T.C.-C.P.ED. AND B.ED COLLEGES & 1 other(s)

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Versus

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STATE OF GUJARAT

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==========================================================

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Appearance:

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MR MITUL K SHELAT(2419) for the Petitioner(s) No. 1,2 MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1

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==========================================================

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CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA

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Date : 23/02/2022 ORAL ORDER

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1.Heard learned advocate Mr. Mitul K. Shelat for the petitioners and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State.

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2.By this petition under Article 226 of the Constitution of India, the petitioners have made the following prayers:

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“A. That this Honourable Court may be pleased to issue a writ of or a writ in the nature of mandamus declaring the imposition of state quota of 90% in the unaided PTC colleges in the State of Gujarat and appointment of a Central Admission Committee for granting admission in unaided PTC Colleges as illegal and unconstitutional and be pleased to quash and set aside the resolutions issued by the State Government imposing the same;

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Page 1 of 3

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C/SCA/5001/2012 ORDER DATED: 23/02/2022

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B. That this Hon’ble Court may be pleased to issue a writ of or a writ in the nature of mandamus declaring that the admission procedure and rules for admission prescribed in the Admission Booklets published by the State Government do not apply to unaided PTC Colleges:

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That this Hon’ble Court may be pleased to issue a writ of or a writ in the nature of mandamus declaring that the admission procedure and rules for admission to PTC Course as ultra vires the Articles 14 and 19(1)(g) of the constitution of India hence unconstitutional and void;

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C. Pending admission and hearing of this petition Your Lordships be pleased to restrain the respondent, agents and their servants from imposing and enforcing the state quota of 90% seats and the enforcement of the admission process by the Central Admission Committee under Admission Booklets published by the State Government leading to interfering in the admission process of petitioner institution in First Year PTC course by the unaided PTC Colleges in the State of Gujarat.

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D. Or pass any other such orders, directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.”

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3.Learned advocate Mr. Shelat for the petitioners submitted that along with the affidavit-in-reply the State Government has

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Page 2 of 3

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C/SCA/5001/2012 ORDER DATED: 23/02/2022

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placed on record Resolution dated 05.07.2012 increasing the managing quota from 10% to 15% for Self Finance Primary Education Institution.

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4.It was submitted that by efflux of time, the grievance raised by the petitioners for imposition of state quota of 90% in the unaided PTC has become academic in view of the amended Rules and the petitioners may file appropriate proceeding, if any grievance remains.

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5.Without entering into the merits of the matter, the petition is disposed of as having become infructuous with a liberty to the petitioners to file fresh proceedings in accordance with law for redressal of grievance, if any. Rule is discharged.

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(BHARGAV D. KARIA, J)

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JYOTI V. JANI

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Page 3 of 3

Gujarat State Self Finance P.T.C.-C.P.Ed. and B.Ed Colleges v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Gujarat State Self Finance P.T.C.-C.P.Ed. and B.Ed Colleges v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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