SARVAIYA ANJALIBEN MADHAVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Respondents have appeared and therefore, no further notice of rule is required to be served. Since the matter is pertaining to students, the same is taken up for final hearing.

(2.) SHORT facts relevant for the purpose of deciding this petition can be summarized as under:

(3.) THE grievance of the petitioners is that they possess the prescribed eligibility qualification for admission to the PTC Course. The respondent committee issued an advertisement on 26.08.2011 inviting application from eligible candidate seeking admission to the PTC Courses. The Petitioners applied in response to the said advertisement. In the application form they indicated that they were desirous of seeking admission in the Respondent No.4 College. The Petitioners were called for interview on 10.09.2011 and during the course of interview where informed that though there were vacancies in the respondent no.4 college and no other student was seeking admission against the vacant seats, they could not be allotted in the Respondent No.4 College. The petitioners thereafter addressed a legal notice through their advocate and called upon the respondent committee to admit them against the said vacant seats. The petitioners have not received any response and therefore have approached this Court. The Learned Council for the petitioner has submitted that the admissions is being denied to the petitioner solely on the ground that petitioners have passed their board examination from the Uttar Buniyadi Stream in the XII standard and no seats have been allotted for students passing from the said board in the Respondent No.4 College. He has submitted that allocation of seats amongst students from different streams is to ensure that students who have cleared from different streams have an equal opportunity of seeking admission in all colleges. He submitted that when the seats are vacant and no other students is seeking admission against the vacant seat, admission cannot be denied on the said basis. He has referred to the rules of admission and relied upon Rule 5.6 and contended that the said rule specifically provides that if the seats earmarked for a particular category remain vacant the same can be filled up by admitting students from the other categories.