RHITU AGGARWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is the say of the petitioner that his daughter has passed the HSC Examination from Maharashtra State Board of Secondary and Higher Secondary Education Divisional Board, Bombay, with about 90% marks, yet she is denied the admission to the First Year of B.E. Course at L.D. Engineering College, Ahmedabad, on the ground that she had not taken Biology as one of the subjects in the Higher Secondary Examination. The petitioner has, therefore, prayed that insistence on the part of the respondents for Biology as being one of the subjects for the purpose of admission in B.E. Course at L.D. Engineering College, Ahmedabad, is illegal, arbitrary and against the provisions of the Statute in Schedule III to the Gujarat University Act, 1949. It is prayed that (a) provisions contained in clauses (l)(a) and (l)(b) as well as other clauses of Part II of the Resolution Annexure "F" issued by the State Government on 3rd August 1992 is illegal, discriminatory and violative of Article 14 of the Constitution to the extent to which it provides Biology as one of the compulsory subjects in the qualifying examination of HSC or any examination equivalent thereto for getting admission to First Year of Degree and Diploma in Engineering Courses being conducted by the colleges in the State of Gujarat affiliated with respondent No.3 Gujarat University ( this point is not pressed at the time of hearing); (b) O. Engg. 1 (Ordinance Engineering 1) issued by the Gujarat University be declared as illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution of India to the extent to which it provides Biology as one of the compulsory subjects in the qualifying examination of HSC or any equivalent thereto for getting admission to First Year of Degree and Diploma in Engineering Courses being conducted by the Colleges affiliated with the Gujarat University.

(2.) It is the say of petitioner that he has been posted at Ahmedabad as Income-tax Commissioner and a necessity has arisen therefore for the petitioner's daughter to pursue her further studies at Ahmedabad; when the petitioner was at Bombay, she studied at Bombay; she passed her Std. X examination from Bombay which was conducted by the Council for the Indian School Certificate Examinations and obtained 88.5% in Science group; in Std. XI she obtained 88.8% marks in Science group subjects. In Std. X examination she had opted for Biology as one of the subjects; thereafter in Std,. XI and XII she had opted for Optional subject of Electronics instead of Biology for passing her Higher Secondary Certificate Examination since she was very much keen to go for Electronics branch of Engineering; she thought that for going into Engineering branch Biology is not at all relevant or necessary subject or in any case Electronics would be more relevant subject. It is his say that in Std. XII examination in Science group she has obtained marks as under: Mathematics 94/100 Physics 93/100 Chemistry 87/100 Electronics 191/200 Thus, the total of marks obtained by the petitioner's daughter in Science group of subjects in the Higher Secondary Certificate Examination comes to 93%. However, as the respondents are insisting that a student must have opted for Biology subject in the Higher Secondary Certificate Examination, admission to her is denied in L.D. Engineering College, at Ahmedabad. It is, therefore, submitted that the respondents be directed to give admission to her in L.D. Engineering College at Ahmedabad as she has secured 90% of marks and as per the merit list she is entitled to get admission.

(3.) At the time of hearing of this matter, the learned advocate for the petitioner raised the following contentions: