YATHARTH NAISHADH DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this Special Civil Application, as amended, 29 students, who have appeared for admission to the Bachelor of Engineering and Technology courses 2014-15, have prayed for the following reliefs :-

(2.) The grievance, in substance, of the petitioners in this Special Civil Application is that after this Court in a Public Interest Litigation being Writ Petition (PIL) No.175 of 2014, by order dated 20th June 2014, set aside the mode of preparation of select list suggested by experts and the said decision being the subject-matter of challenge in the Supreme Court in Special Leave by way of SLP No.15583 of 2014 and there being no stay of the order dated 20th June 2014 granted by the Supreme Court of India, the respondent-authorities could not by amending the rules set at naught the effect of the judgment dated 20th June 2014.

(3.) Therefore, the question that arises for determination in the present Special Civil Application is, whether the action taken by the respondents in publishing the result of the process of admission by not following the Division Bench decision of this Court dated 20th June 2014 in Writ Petition (PIL) No.175 of 2014 on the basis of the postjudgment amendment of the relevant Rule is legal or not. We are also required to consider, whether the amended Rule 11, laying down the procedure for preparation of merit list is ultra vires the provisions of the Constitution of India.