SHEZAD GEV VESUNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common questions of fact and law are involved in both these petitions , they are being disposed of by this common judgment and order.

(2.) The petitioners in both the above captioned petition are students. They are Diploma holders from Gujarat Technological University (for short, 'GTU'). They seek to challenge the preparation of merit list for the purpose of admission to the Degree Engineering Courses in the 2nd Year. The challenge to the merit list is on the ground that Respondent No. 2, - Admission Committee for Professional Courses ought to have prepared the same on the basis of semester Performance Index ('SPI', for short), and not by adopting the Semester Theory Performance Index ('STPI', for short) system. The grievance appears to be that by adopting SPI system the students have suffered adversely and though they are highly meritorious their numbers of their placement in the merit list is not as per their expectation. It is also the grievance that the decision to adopt STPI system instead of SPI system was taken abruptly by Respondent No.2 and that too without bringing it to the notice of the students and also without framing any rules in this behalf. It is also the case of the petitioners that thereby the respondents have acted in absolutely arbitrary and unfair manner and the fundamental rights of the petitioners have been violated.

(3.) Facts giving rise to these petitions are as under: