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Sathwara Rameshkumar Dalsukhbahi and ors. Vs. Gujarat Vidyapith and anr. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtGujarat High Court
Decided On
Case NumberLetters Patent Appeal No. 489 of 1984
Judge
Reported inAIR1986Guj142; (1985)1GLR279
ActsConstitution of India - Article 226
AppellantSathwara Rameshkumar Dalsukhbahi and ors.
RespondentGujarat Vidyapith and anr.
Appellant Advocate J.G. Shah, Adv.
Respondent Advocate Bharat J. Shelat, Adv.
Excerpt:
.....evidently he wanted to leave the institution in search of better prospects elsewhere and he loft. gujarat vidyapith is a well established institution and the course of studies there is not mere prototype of studies in other institutions. if one feels that he may not like to sit on the floor while attending some of the classes which perhaps might be insisted upon by an institution, one would be advised not to join the institution, we cannot say after joining the institution that he does not consider sitting on the floor to attend classes as proper and that he should be provided with a hair and a table. may be the good sense of the institution may persuade it to listen to the students if any bona fide suggest the name of a teacher and the management feels that there is no objection to..........come up in appeal. they are all students in the second year of the m.s.w. course conducted by the gujarat vidyapith. there are two semesters in the second year. for the second year, the students are expected to study six subjects. five of them are compulsory. in the sixth, there are three sub-groups from which it is open to the students to choose any one and these three sub-groups are: (i) management in agriculture and rural institute;(ii) management in personal and public health and preventive in social medicine:(iii) correctional administration.the four appellants before us as well as three others had, out of these three subjects, opted for management in personal and public health and preventive in social medicine. classes were taken by one mr. c. s. sanon for about five days in this.....
Judgment:

P.S. Poti, C.J.

1. The four appellants before us were the petitioners in the original petition and the petition having been dismissed, they have come up in appeal. They are all students in the Second Year of the M.S.W. course conducted by the Gujarat Vidyapith. There are two semesters in the Second Year. For the second year, the students are expected to study six subjects. Five of them are compulsory. In the sixth, there are three sub-groups from which it is open to the students to choose any one and these three sub-groups are:

(i) Management in Agriculture and Rural Institute;

(ii) Management in Personal and Public Health and Preventive in Social Medicine:

(iii) Correctional Administration.

The four appellants before us as well as three others had, out of these three subjects, opted for Management in Personal and Public Health and Preventive in Social Medicine. Classes were taken by one Mr. C. S. Sanon for about five days in this subject. But evidently he wanted to leave the institution in search of better prospects elsewhere and he loft. The students were told that the Instructor in the subject chosen by them was not available and they may choose from any one of the other two subjects. It appears that though the petitioners chose another subject, went back upon it later after attending class for about two days or so and came to this Court. Their main prayer in this petition was that they should have coaching in the subject which they were permitted to opt, viz. Management in Personal and Public Health and Preventive in Social Medicine and the management should have seen to it that Mr. Sanon did not leave and if nevertheless he left, someone else should have been appointed. They further said that there was one Mr. Trivedi qualified to be an Instructor in the subject concerned who was available for appointment and that he should be appointed so as to enable the petitioners to complete the course in the subject which they were allowed to opt. They also incidentally seem to have raised some protest against compulsion to join in the usual prayers and the spinning classes, which is a must in the institution. They did not succeed before the learned Judge.

2. Every institution has its own discipline. More than that, it has its own orientation in regard to studies. Gujarat Vidyapith is a well established institution and the course of studies there is not mere prototype of studies in other institutions. That must have been devised after due deliberation and any one joining this institution is bound by the discipline of that institution. If one feels that he may not like to sit on the floor while attending some of the classes which perhaps might be insisted upon by an institution, one would be advised not to join the institution, We cannot say after joining the institution that he does not consider sitting on the floor to attend classes as proper and that he should be provided with a hair and a table. If spinning classes are a part of the regular routine in the institution he joins and he resents to such requirement, he should keep away from the institution. He joins with the implied consent to subject himself to the rules and regulations of the institution and more than that its discipline, which may really be reflection of its individual character.

3. The more important question concerns the option exercised by the petitioners. It is true that they have opted for one of the three subjects but for reasons beyond the control of the management, that course can no longer be continued. When the Instructor wants to leave, he cannot be retained by force by the Gujarat Vidyapith in order to see that the students who have commenced their courses complete their courses. It is not open to the students to dictate to the institution as to who should be appointed as a teacher. May be the good sense of the institution may persuade it to listen to the students if any bona fide suggest the name of a teacher and the management feels that there is no objection to that name. But, in this case, it is said that the name of the teacher suggested was not acceptable to the Vidyapith. Whether he will fit in the set up of the Vidyapith is for the management to consider. There are restrictions on the staff of the Gujarat Vidyapith, such as wearing of the Khadi and heeding to certain restrictions. If the Vidyapith felt that the person suggested may not fit into the framework of the institution, he cannot be appointed. In these circumstances, the petitioners should not have stuck to the option exercised by them when they found that Mr. Sanon had left.

4. Even so, we are not to leave the matter as it is, since that would spoil the career of these pupils and therefore, we are constrained to pass orders which, of course, have been agreed to by the Gujarat Vidyapith. This is with regard to the course of studies of the appellants. Their examinations in the five, subjects can go on in the usual manner. Though their applications for attending in the examination which are said to have been dismissed by the respondents are not before us, it is agreed by the Counsel for the Gujarat Vidyapith that if they make fresh applications, they would be considered and they will be permitted to sit in the examination for the five subjects including the subjects started in the first semester. Then the question arises only with regard to the one of the three subjects. The two other sub-groups being available, the petitioners Counsel after consulting the petitioners submitted that they would choose Correctional Administration as the optional one. Accordingly, the Gujarat Vidyapith is directed to impart a course for the appellants specially as soon as they are free to take that course and the institution is free to get the services of the Instructor. It is agreed that as soon as examinations of the Second Semester are over, such classes would be commenced. This would be some time in May or thereabout and the classes will be intensive in nature so that it will not be limited to the usual class hours. It should be finished as expeditiously as possible and immediately thereafter the appellants shall be tested in that subject also so that their final result could be declared. The Registrar of the Gujarat Vidyapith who is before us undertakes to see that this shall be carried out. For this purpose, the appellants may apply to the Registrar requesting classes to be conducted for their optional subject of Correctional Administration and to make arrangement for the same. The Registrar will thereupon act as undertaken.

5. Permission to appear in the examination shall be sought by applications by the appellants within three days and the applications for intensive course in Correctional Administration will be made to the Registrar within a month from today.

6. The appeal is disposed of as above modifying the decision of the learned Single Judge.

7. Order accordingly.


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