SANJAY MANIAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this writ-application in the nature of a Public Interest Litigation, the applicants claiming themselves to be public spirited citizens and interested in safeguarding the educational standards and career of the future doctors of this country, have prayed for striking down Rule 12 of the Rules of Admission to M.B.B.S., B.D.S., B.P.T., B.A.M.S., B.H.M.S., B.Sc. Nursing, B.P.O., B.O., B.O.T., B.Net, B.A.S.L.P. courses in Government Municipal grant-in-aid and self-finance colleges and institutions in the State of Gujarat on the ground that the same is in conflict with Rule 11 which provides that the merit list for admission to the courses shall be on the basis of 60% marks obtained in the qualifying examination and 40% marks obtained in the Open Entrance Test (GUJCET) and nowhere it has been laid down that over and above the same, the student should have obtained 50% aggregate marks as a minimum qualifying standard for admission. It has also been prayed that directions be issued on the respondents to accept the forms of the students who have not secured 50% marks in GUJCET, 2013 and consider the qualifying criteria of 60% of the total marks obtained in theory of Physics, Chemistry and Biology subjects after converting it to 100 combined with the 40% of total marks obtained in Physics, Chemistry and Biology subjects in the GUJCET after converting it to 100 from the total marks obtained.

(2.) MR .Panchal, the learned counsel appearing for the petitioners, submitted that on a bare perusal of the Rules, it becomes clear that the said Rules have set up different standards for admission and preparation of the merit list contradictory in nature, thereby compromising in the standard of education. Mr.Panchal strenuously urged before us that Rule 12 lays more stress and importance to the open entrance test GUJCET, which is based on lesser marks and objective type examination rather than the marks obtained in principal subjects in the examination conducted by the Board. According to Mr.Panchal, even if a student has secured more marks in the Board examination but has not been able to fair-well in the GUJCET, he will not be eligible for admission in M.B.B.S. or B.D.S., whereas a student who has not performed well in the Board examination but has performed well in the open entrance test GUJCET will be able to secure admission in M.B.B.S. or B.D.S. To illustrate such a disparity in the methodology adopted, Mr.Panchal has drawn our attention to a tabular chart at page No.8 of the petition, which is reproduced hereinbelow : <FRM>JUDGEMENT_1490_TLGJ0_2013.htm</FRM> What is effect of Not eligible for Not eligible Eligible for Eligible for criteria of Merit in for Merit in Merit in Merit in minimum 50% M.B.B.S. and M.B.B.S. and M.B.B.S. and M.B.B.S. marks B.D.S. B.D.S. B.D.S. and B.D.S. requirement in GUJCET

(3.) BEFORE entering into the merits of the submissions, we may profitably look into few relevant provisions of law applicable in the present case.