PATEL PINESHKUMAR AMRUTBHAI Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) Rule. Ms.Manisha Shah, Ld.AGP appears and waives service of rule. With the consent of parties matters are taken up for final hearing today.

(2.) There is no dispute on the point both these petitions are covered by the decision of this court dated 4.10.02 in Spl.C.A.No.9790/02 (Bhumikaben Kiranbhai Patel vs Director, Primary Education). In my view, since the matters are covered by the said decision, it is not necessary to this court to elaborately record the reasons again. However, suffice it to say that for the reasons recorded in the matter of Bhumikaben K.Patel (supra) both these petitions deserve to be allowed.

(3.) In view of the above, both these petitions deserve to be allowed with a clarification that the admissions which have already been granted to the students are not to be disturbed. However, Mr.Patel for the petitioners states that the seats in PTC course are still vacant and the admission process is going on. Therefore, the respondents are directed to consider the case of the petitioners for grant of admission on the basis of marks obtained in XIIth Std (General stream) without any deduction of marks but without disturbing the admissions already granted. Respondents shall consider the case of the petitioners on the basis of interse merit for finalising the admission process without disturbing the admissions already granted. Rule in each petition is made absolute accordingly. There shall be no order as to costs. DS permitted.