LEENA P PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issuance of writ of mandamus or any other appropriate writ, order or direction to the respondent authorities to admit the petitioner TO the course of Master of Computer Application (in short "MCA") and/or Master of Business Administration (in short "MBA") as per her merit in Gujarat Common Entrance Test Examination, 2010 (in short "GCET"). The petitioner has also prayed to declare and hold that Rule 5(2) of Master of Computer Application (Regulation of Admission and Payment of Fees) Rules 2008 and Master of Business Administration Course (Regulation of Admission and Payment of Fees) Rules 2008, as arbitrary, unconstitutional and to quash and set aside the same.

(2.) The petitioner has studied in the school/college of Mumbai in the State of Maharashtra and completed her education in Bachelor of Science (Information Technology) in the First Class from Mumbai University in the year 2009. The marriage of the petitioner was solemnized on 12.12.2009 and thereafter she resided with her husband and in-laws in the State of Gujarat. On the basis of her graduation she initiated to pursue the post-graduation in the field of MCA or MBA and therefore she appeared in the Entrance Test called GCET on 6.7.2010 and passed the said examination. Since no call letter was issued to the petitioner for any of the above two courses namely, MCA or MBA, on inquiry it was learned that since the petitioner had passed her Higher Secondary Certificate Examination (HSCE) and Graduation Examination from Mumbai, she was held to be not eligible for being admitted to the above courses. According to the authority and Admission Committee, Rule 5(2) of MCA Rules 2008 and MBA Rules 2008 for being eligible for admission to the above two courses, a student should have passed a qualifying examination from a University situated in the Gujarat State or a University situated outside the Gujarat State provided the candidate shall have passed the Higher Secondary School Certificate Examination (Standard 12 i.e. 10+2 pattern) or its equivalent examination from a school which is located in the State of Gujarat. The petitioner, admittedly, completed her Higher Secondary and Graduation from Mumbai, State of Maharashtra, she was denied the admission in the above two courses.

(3.) Mr.Paresh Upadhyay, learned counsel for the petitioner contended that denial on the part of the authorities to the petitioner for admission to the above two courses is illegal and arbitrary and Rule 5 itself is unconstitutional and voilative of Article 14, 15 and 21 of the Constitution of India. The above Rule is also voilative of provisions of Gujarat Technological University Act, 2007 which nagates the right to education and pursue Post Graduation study to the petitioner only on the ground of locality. It is further submitted that the object of Gujarat Technological University Act, 2007 (Act of 2007) is of development of knowledge of various faculties, including Engineering and Technology and for the advancement of life of mankind in general and also to provide inter-relationship for national and global participation in the fields of Science, Engineering, Technology and Management and, therefore, denial of admission by the authorities solely based on region or locality is contrary to Constitutional mandates guaranteed under Article 14, 15 and 21 of the Constitution of India and, therefore, the main communication deserves to be quashed and set aside.