MINOR PANKIL BHADRESH SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Desai, learned AGP waived service of rule on behalf of the respondent of SCA No.13266/2003 and Mr.Joshi, learned AGP waived service of rule on behalf of the respondents of SCA No.13667/2003. With the consent of the parties the matters are taken up for final hearing today.

(2.) The question arises for consideration of the Court is whether the extra meritorious students who have passed examinations of 12th Standard from the School outside our Country or from other States of our Country can be considered for the purpose of giving admission to professional courses in this State after 12th Standard in view of the Rules framed by the Government for admission through Joint Admission Committee as per the Government Resolution dated 6-5-2003.

(3.) The short facts of the case appears to be that the petitioner of SCA No.13266/2003 passed 10th Standard Examinations from Secondary Education Board of Gujarat State and secured 83.14%. There is no dispute on the point that the said petitioner is of Indian Origin. It is the case of the petitioner that he had thereafter to go to the United States of America (USA) and in USA he has undergone studies of 11th and 12th Standards. The petitioner has successfully passed 11th and 12th Standards from the concerned High Schools in USA and the gradation given by the concerned High Schools is produced on record at page 21 of the petition. It is further the case of the petitioner that since the petitioner was desirous to study after 12th Standard in our Country, he had approached the Counsellor (Education), Education Department working at Embassy of India in Washington D.C., USA and ultimately as per the certificate dated 16-7-2003 it is certified to the effect by the Counsellor of Education Department that the examinations passed by the petitioner is equivalent to 12 year Senior Secondary Board Examination Certificate of India and it is also certified that the petitioner is eligible for admission to Bachelor's Degree course in Arts, Science, Medicine and Engineering in India. It is further the case of the petitioner that the provisional eligibility certificate is also granted by the Gujarat University as per the certificate dated 24-7-2003 and the petitioner was to get admission in NHL Municipality College, but when the petitioner wanted to apply for admission through Joint Admission Committee he has been denied the consideration and, therefore, under these circumstances the present petition. It is further the case of the petitioner that the petitioner has secured 93% of the marks in the subjects of Electronics and Communication Engineering in the 12th Standard Examinations in USA and, therefore, on merits, in any case, the petitioner may be considered for admission in management quota.