Gujarat Law Society vs Gujarat University

Gujarat High Court

Gujarat Law Society vs Gujarat University on 26 November, 2025

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                               NEUTRAL CITATION




                           C/SCA/6528/2016                                     JUDGMENT DATED: 26/11/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 6528 of 2016


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE NIRZAR S. DESAI
                      ==========================================================

                                   Approved for Reporting                     Yes              No

                      ==========================================================
                                                      GUJARAT LAW SOCIETY
                                                             Versus
                                                       GUJARAT UNIVERSITY
                      ==========================================================
                      Appearance:
                      MR UDAYAN P VYAS(1302) for the Petitioner(s) No. 1
                      VIKAS V NAIR(7444) for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                          Date : 26/11/2025

                                                          ORAL JUDGMENT

1. Heard, learned Sr. Advocate, Mr. D.C. Dave, with learned Advocate, Mr. Vyas, for the petitioner and learned Advocate, Mr. Nair, for the Respondent-University.

2. By way of this petition, the petitioner has prayed for the following reliefs;

"16. ...

(A) That, this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other Page 1 of 9 Uploaded by UMESH H. CHAVDA(HC00203) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:43:12 IST 2025 NEUTRAL CITATION C/SCA/6528/2016 JUDGMENT DATED: 26/11/2025 undefined appropriate writ, order or direction declaring decision in the form of resolution passed in the Meeting of Executive Council of Gujarat University held on 18th March, 2016 and communicated to the petitioner by letter dated 6th April 2016 addressed by Acting Registrar, Gujarat University (Annexure "A") as arbitrary, unreasonable, null and void infringing the fundamental rights guaranteed to the petitioner under Article 14 and Article 19(1) (g) of the Constitution of India and thereupon be pleased to quash and set aside the same.

(B) That, pending admission, hearing and final disposal of this petition, this Hon'ble Court be pleased to stay implementation and execution of decision in the form of Resolution passed in the Meeting of Executive Council of Gujarat University held on 18th March 2016 and communicated to the petitioner by letter dated 6 th April 2016 addressed by Acting Registrar, Gujarat University (Annexure "A").

(C) That this Hon'ble Court be pleased to pass such further and other orders as the nature and circumstances of the case may require;

(D) That this Hon'ble Court b e pleased to award the cost of this petition;"

NEUTRAL CITATION C/SCA/6528/2016 JUDGMENT DATED: 26/11/2025 undefined

3. Learned Sr. Advocate, Mr. Dave, appearing with learned Advocate, Mr. Vyas, for the petitioner appraised this Court about the controversy in question in a nut-shell and submitted that the college, namely Smt. L & C Mehta Arts College was being run by the petitioner-society in the campus owned by it, which is situated in Law Garden area, Ahmedabad.

3.1 Subsequently, on the ground of administrative exigency and as the number of students, who were largely coming from rural and remote areas, were decreasing, the petitioner-Society decided to shift Smt. L & C Mehta Arts College from Law Garden to its City College Campus, Lal Darwaja, Ahmedabad, as the same would provide better connectivity options and it would also be beneficial to the students coming from rural and distant areas.

3.2 After the decision to shift Smt. L & C Mehta Arts College from Law Garden to City College Campus, Lal Darwaja, was taken by the Society, the same was sent to the Respondent-University and the same was approved by the Vice-Chancellor of the Respondent-University, who granted the permission for transfer of college in exercise of powers vested in him under Section 11(4) of the Gujarat University Act, 1949 (in brief, 'the Act'). Thereafter, the Executive Committee also ratified the decision of the Vice-Chancellor in its meeting dated 17.06.2015.

NEUTRAL CITATION C/SCA/6528/2016 JUDGMENT DATED: 26/11/2025 undefined 3.3 Thereafter, the aforesaid decision was taken in review by the Executive Committee, unilaterally, without even informing the petitioner-Society about the same and vide its decision dated 18.03.2016, the Executive Committee withdrew the decision taken by the Vice-Chancellor and which was also approved by the Executive Committee, itself. However, in the meantime, Smt. L & C Mehta Arts College had already started functioning at the City College campus of the petitioner-Society, which is situated at Lal Darwaja.

3.4 The decision taken by the Executive Committee, while reviewing the decision of the Vice-Chancellor of the Respondent-University unilaterally, is challenged by way of this petition.

4. Learned Sr. Advocate, Mr. Dave, appearing with learned Advocate, Mr. Vyas, for the petitioner drew the attention of this Court to the order dated 22.04.2016, passed by the Coordinate Bench, which reads as under;

"[1] The petitioner has filed the present petition under Articles 14, 19(1(g) and 226 of the Constitution of India.

(A) That, this Hon'ble Court be pleased to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction declaring decision in the Page 4 of 9 Uploaded by UMESH H. CHAVDA(HC00203) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:43:12 IST 2025 NEUTRAL CITATION C/SCA/6528/2016 JUDGMENT DATED: 26/11/2025 undefined form of resolution passed in the Meeting of Executive Council of Gujarat University held on 18th March, 2016 and communicated to the petitioner by letter dated 6th April 2016 addressed by Acting Registrar, Gujarat University (Annexure "A") as arbitrary, unreasonable, null and void infringing the fundamental rights guaranteed to the petitioner under Article 14 and Article 19(1) (g) of the Constitution of India and thereupon be pleased to quash and set aside the same.

(B) That, pending admission, hearing and final disposal of this petition, this Hon'ble Court be pleased to stay implementation and execution of decision in the form of Resolution passed in the Meeting of Executive Council of Gujarat University held on 18th March 2016 and communicated to the petitioner by letter dated 6 th April 2016 addressed by Acting Registrar, Gujarat University (Annexure "A").

[2] Learned counsel appearing on behalf of the petitioner has drawn the attention of the Court to the communication dated 06.04.2016 regarding the shifting the college from Law Garden Campus to City College Campus at Laldarwaj. He has submitted that it is not possible to transfer the college from Law Garden Campus to City College Campus at Laldarwaj.

NEUTRAL CITATION C/SCA/6528/2016 JUDGMENT DATED: 26/11/2025 undefined [3] Heard learned counsel appearing on behalf of the petitioner.

[4] NOTICE returnable on 17th June 2016. Ad-interim relief in terms of paragraph No.16(B) is granted till then. Direct service is permitted."

4.1 It was also pointed out that the decision, permitting the petitioner Society to shift the campus of Smt. L & C Mehta Arts College from Law Garden to City College Campus, Lal Darwaja, was withdrawn by the Executive Committee, unilaterally, but, the Coordinate Bench vide order dated 22.04.2016 granted protection to the petitioner- Society, as by then, Smt. L & C Mehta Arts College had already started functioning at City College Campus and is functioning till date, i.e. for nearly about 10 years, and therefore, the interim relief granted by this Court vide order dated 22.04.2016 may be made absolute.

4.2 It was, further, submitted that on account of passage of time, as Smt. L & C Mehta Arts College has been functioning at City College campus, Lal Darwaja, it would be difficult for the petitioner-Society to put the clock back and start functioning at the old campus, i.e. at Law Garden Campu, more particularly, as there are structural changes in the campus at Law Garden as well, which has taken place during the interregnum.

NEUTRAL CITATION C/SCA/6528/2016 JUDGMENT DATED: 26/11/2025 undefined 4.3 It was also submitted by learned Sr. Advocate, Mr. Dave, that many different colleges run and managed by the petitioner-Society previously, are now being run by the petitioner-Society under a newly acquired status by it, i.e. 'Private University' and therefore, in wake of the aforesaid change also, it would be difficult for the petitioner-Society to re-locate the Smt. L & C Mehta Arts College at its old campus. It was, therefore, submitted that once Vice- Chancellor of the Respondent-University granted approval for re-locating of Smt. L & C Mehta Arts College from Law Garden to City College Campus, Lal Darwaja, and which was also ratified by the Executive Committee of the Respondent-University and therefore, the said decision, which was subsequently taken into review by the Executive Committee unilaterally, is required to be quashed and set aside and Smt. L & C Mehta Arts College is required to be permitted to function at the new or the current place, i.e. City College Campus, Lal Darwaja.

5. Learned Advocate, Mr. Nair, appearing for the Respondent-University could not dispute the aforesaid facts and submitted that in view of the changes canvassed by learned Sr. Advocate, Mr. Dave, this Court may pass appropriate order.

6. I have heard the learned Advocates for the parties and Page 7 of 9 Uploaded by UMESH H. CHAVDA(HC00203) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:43:12 IST 2025 NEUTRAL CITATION C/SCA/6528/2016 JUDGMENT DATED: 26/11/2025 undefined have also perused the material on record and I find that, at one point of time, the petitioner-Society was granted permission by the Vice-Chancellor of the Respondent- University to shift Smt. L & C Mehta Arts College from its Law Garden Campus to its City College Campus, Lal Darwaja, after taking into consideration the issues highlighted by the petitioner-Society and which was, in turn, ratified / approved by the Executive Committee, itself. However, as submitted by learned Sr. Advocate, Mr. Dave, the Executive Committee initiated review proceedings unilaterally, without even informing the petitioner about the same, and changed / set aside the decision taken by it earlier, whereby, the petitioner-Society was permitted to shift Smt. L & C Mehta Arts College from its Law Garden Campus to City College Campus, Lal Darwaja. Learned Advocate, Mr. Nair, appearing for the Respondent-University did not dispute the aforesaid aspect and therefore, the same would indicate that the impugned decision was taken in breach of principles of natural justice. Therefore, this petition is required to be allowed on that count, alone.

6.1 Apart from the above, in view of the change in circumstances pointed out by the learned Sr. Advocate, Mr. Dave, that there are certain structural changes as well as some new construction put-up at the Law Garden Campus of the petitioner-Society, so also the fact that the petitioner- Society has now acquired status of a 'Private University', Page 8 of 9 Uploaded by UMESH H. CHAVDA(HC00203) on Thu Nov 27 2025 Downloaded on : Thu Nov 27 21:43:12 IST 2025 NEUTRAL CITATION C/SCA/6528/2016 JUDGMENT DATED: 26/11/2025 undefined which are the major changes, and therefore, it would not be possible for the petitioner-Society to shift Smt. L & C Mehta Arts College from its City College Campus, Lal Darwaja, to Law Garden Campus.

7. Resultantly, the impugned resolution / order dated 18.03.2016 passed by the Executive Committee of the Respondent-University is, hereby, quashed and set aside. The interim relief granted earlier by the Coordinate Bench of this Court is confirmed. Rule is made absolute, accordingly. No order as to costs.

(NIRZAR S. DESAI,J) UMESH/-