RUCHIR H PATEL Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated 18th Sept.2000 passed by the learned Single Judge in Special Civil Application No.9767 of 2000 as a common order whereby the group of Special Civil Applications was decided.

(2.) Gujarat University provides Post Graduate Course, i.e. Master in Computer Application (MCA). It is a three years' integrated course and the education and training for the said course is imparted through five institutions as under: (i) Gujarat Law Society Institute of Computer Technology (self-financed), (ii) L.D.College of Engineering, Ahmedabad (Govt. College), (iii) Nirma Institute of Technology, Ahmedabad (self-financed), (iv) Rollwala Computer Centre (run by Gujarat University itself), and (v) S.K.Patel Institute of Management and Computer Studies, Gandhinagar (self-financed). All the aforesaid Institutions except Rollwala Computer Centre are affiliated to Gujarat University and Rollwala is a part of the University itself. For admissions in the aforesaid course, originally there were 181 seats distributed as: 40 for GLS Institute of Computer Technology, Ahmedabad; 33 for L.D.College of Engineering, Ahmedabad; 40 for Nirma Institute of Technology, Ahmedabad; 38 for Rollwala Computer Centre, Ahmedabad; and 30 for S.K.Patel Institute of Management and Computer Studies, Gandhinagar. Against these 181 seats, admissions were to be made and there were reservations for SC, ST, Socially and Educationally backward class, Graduates of Gujarat University, Graduates from Universities in the State of Gujarat other than Gujarat University, candidates from States other than Gujarat and NRIs including the candidates sponsored by NRIs or other Indian citizens who could pay the same amount as NRIs. For the purpose of these admissions, the fees have been prescribed against general category - i.e. Quota-1 the prescribed fee is Rs.12,000.00 per annum; against payment of seats - i.e. Quata-2 the prescribed fees is Rs.47,500.00 per annum and in the third quota, i.e. Quota-3 - NRIs/candidates sponsored by NRIs other citizens - Rs.1,60,000.00 per annum. The aforesaid structure of fees is meant only for the institutions which are self-financed as indicated above. For the purpose of admissions to the aforesaid course, the University held a Centralised Entrance Test on 2nd July 2000 for which the merit list was declared on 18th July 2000. In the said merit list, the appellant petitioner as a Graduate of Gujarat University, was at Sr.No.111. There is no dispute that so far as the open seats are concerned, the last candidate who was admitted was at Sr.No.87 in the merit list which was declared on 18th July 2000 for the purpose of admission to 181 seats. The appellant - petitioner, at Sr.No.111 had applied for admission in Rollwala Computer Centre as well as Nirma Institute of Technology and ultimately chose Nirma Institute of Technology for admission by payment of Rs.1,60,000.00 in the category of NRI as an Indian citizen. The said amount was paid by him and he has been studying in Nirma Institute of Technology as such. There is no dispute that even for this category, the Institute has to follow the merit from amongst those who choose for admission against the NRI seats in the institute itself and the appellant being at Sr.No.1 in the merit list as NRI candidate in Nirma Institute of Technology was admitted on 5th August 2000 and since then he has been studying as such.

(3.) It is unfortunate that All India Council of Technical Education of New Delhi took some time in taking a decision with regard to the increase in the number of seats and lately on 17th August 2000, as per the decision taken by the All India Council of Technical Education, New Delhi, additional seats were declared in the month of August 2000 after the admissions against 181 seats had been finalised. Accordingly, the University issued an advertisement on 1st September 2000 for admission against these additional 110 seats on the basis of the same select list as was declared on 18th July 2000 on the basis of the Test held on 2nd July 2000 and with the further addition that a sixth Institute had also been opened now so as to impart education for this very course of Master in Computer Application, namely, HLA College, at Ahmedabad which too is affiliated to the Gujarat University as a self-financed Institute. Admission against all these 110 seats were to be made in the existing five Institutes and the sixth one, HLA College and the other three self-financed Institutes. After the advertisement dated 1st September 2000, the candidates were called for interview for the aforesaid course against the 110 seats. The consideration was kept confined only to those candidates who could not be admitted against the 181 seats earlier. In other words, the candidates who had already been admitted were kept out of consideration. In the backdrop of the aforesaid facts, several Special Civil Applications were filed before this Court challenging the course of action adopted by the University since then for the purpose of admission against these 110 seats and the present appellant was one of the petitioners in Special Civil Application No.9767 of 2000.