DABHI NILESH PETHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant-original petitioner had earlier filed writ petition i.e. Special Civil Application No.7229/02 before this court praying that a writ in the nature of mandamus or any other appropriate writ order or direction be issued to the respondents calling upon them to produce merit list of Open Category as well as Merit List of students belonging to Scheduled Caste category and to count eligible candidates belonging to Scheduled Caste in the merit list of Open Category.

(2.) The applicant-original petitioner himself belonging to Scheduled Caste (Hindu Vankar). He passed his Higher Secondary Certificate (HSC) Examination held by Gujarat Education Board in General Stream in the month of April, 2001 with 76.17%. In spite of it, he was not given admission, therefore, he approached this court by way of aforesaid writ petition on the grounds mentioned in it.

(3.) Initially, when the aforesaid writ petition came up before this court on 6.8.2002, notice was ordered to be issued to the respondents making it returnable on 9.8.2002 and by way of ad-interim relief the admissions were made subject to the result of the petition. On 9th at the request of learned AGP, Mr.P.R.Abichandani, it was kept on 14.8.2002 to file reply. Accordingly, affidavit was filed by Shri M.A.Patel, Deputy Director of Primary Education, Gujarat State, who is personally present before this court today in response to the notice issued by this court on this application.