PATEL KRUTI DILIPKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ petition has been preferred by the students. Their admission on the vacant seats in the current Academic Year 2013-2014 to the post graduate course in Pharmacy, viz. M.Pharm. is objected to by the respondent no.2 Admission Committee.

(2.) According to the respondent no.2 Admission Committee, as the petitioners have passed the qualifying examination of the B.Pharm. Course at the level of graduation in Pharmacy by appearing in the supplementary examination for the same conducted by the respondent no.3 University, they have rendered themselves ineligible for admission to the M.Pharm. Course in the current Academic Year 2013-2014. Such action of the respondent no.2 Admission Committee has led the petitioners to file the present petition under Article 226 of the Constitution of India.

(3.) It appears that the principal grounds urged in the petition are twofold. First, there is no express provision in the concerned rules rendering the petitioners as ineligible for admission to the M.Pharm. Course on the ground that the petitioners have cleared the qualifying examination of the B.Pharm. by appearing at the supplementary examination. Secondly, even if such provision is to be read into the concerned rules by necessary implication, the concerned rule deserves to be declared as ultra vires Article 14 of the Constitution of India or in the alternative the concerned rule deserves to be read down so as to give a meaningful and purposive interpretation.