SAMIXA CHHANABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, Ms.Mita Panchal, learned AGP waives service of rule on behalf of respondents.

(2.) Samixa Chanabhai Patel has filed the present petition with the prayer for a direction to the respondents to fill up 15% seats in PTC course in all Government, Government aided and self- financed college during the admission programme of the 3rd stage for PTC course of the year 2003-2004. The petitioner has also prayed to direct the respondents to reserve 15%. seats for S.T. candidates in Management Quota of Self-Financed PTC college and further to direct the respondents to give admission to the petitioner on the abovesaid seats.

(3.) The respondents issued an advertisement for Primary Teachers Certificate Course ("PTC course for short") somewhere on 30-6-2003. Pursuant to the said advertisement, the petitioner has made an application for admission to PTC Course on 6-7-2003. It is also stated by the petitioner that 7%, seats are reserved for Scheduled Caste category candidates, 15% seats are reserved for Scheduled Tribe category candidates and 2796. seats are reserved for Socially and Economically Backward Classes category candidates. The aforesaid reservation is made for admission to all Government. Government aided and self-financed colleges run within the Gujarat State. The respondents have published the list of the candidates belonging to the Scheduled Tribe category including the women and there were 521 students and the petitioner's name stands at Sr. No.443 in the said list. It is further stated by the petitioner that there are about 8500 seats to be filled in for PTC course and for- the said purpose, the Director of Primary Education respondent No. 2 has issued Admission Programme for PTC course for the year 2003-2004. The women candidates who have secured 78.17% marks from General Stream have been called for interview because they are eligible for admission whereas the women candidates belonging to ST category having 76.67%, marks or more than that are entitled for admission and they were called for interview. The respondent No. 2 has also issued 2nd stage admission programme wherein it has been stated that women candidates belonging to General Category Stream and who have passed Higher Secondary Certificate Examination in General Stream and having 77.50 marks or more than that, they will be admitted and they have been called for interview. Where the women candidates belonging to Scheduled Tribe category who have passed Higher Secondary Certificate Examination in General Stream and have obtained 76.67% marks or more than that they will be entitled to admission. The respondents have also 3rd stage programme for admission to the PTC course. In the said third stage programme, there is no separate mention for women candidates who have passed the Higher Secondary Certificate Examination from General Stream belonging to the Scheduled Tribe category but they will have to complete with the candidates belonging to General category and for that 76.83 or more than that marks are required.