BRIJKISHOR GARG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Special Civil Application No. 10653 of 1994 was initially filed by two petitioners, namely, Brij Kishore Garg and Dr. Jagjit Singh Panjarath on 1-9-1994. On 2-9-1994 notice returnable on 6-9-1994 was issued with the order that two seats shall be kept vacant in the Medical College till then. Thereafter, on 17-9-1994 petitioner No. 2, Dr. Jagjit Singh Panjarath filed a separate petition being Special Civil Application No. 11058 of 1994, and, therefore, Special Civil Application No. 10653 of 1994 is maintained by petitioner No. 1, Brij Kishore Garg only. It is submitted by learned Counsel Mr. Mohit Shah, who is also appearing for Dr. Jagjit Singh Panjarath in Special Civil Application No. 11058 of 1994 that the son of Dr. Jagjit Singh Panjarath has already got the admission somewhere else and, therefore, virtually separate Special Civil Application No. 11058 of 1994 filed by Dr. Jagjit Singh Panjarath has become infructuous.

(2.) Petitioner-Brij Kishore Garg was transferred as Sr. Executive in the set up of the National Dairy Development Board at Anand in the month of August 1992 from Jaipur. His daughter, namely, Sweta Garg was prosecuting her studies in the Standard 11 at Kendriya Vidyalaya at Jaipur. On account of the transfer of petitioner No. 1, his daughter Sweta Garg was also required to seek admission in a school in 11th Standard affiliated to the Central Board of Secondary Education, because she was already a student of a school associated with Central Board of Secondary Education at Jaipur, where she was studying earlier. She, therefore, sought admission in the middle of the term in 11th Standard at Central school of Vallabh Vidyanagar, which was the only School available in the vicinity of Anand affiliated to the Central Board of Secondary Education. At the time when she had sought admission in the 11th Standard in a school affiliated to the Central Board of Secondary Education at Jaipur, she was required to opt between Mathematics and Biology. She intended to join the discipline of Medicine. She opted for the subject of Biology as per the Scheme of the Central Board of Secondary Education, where Science stream had the group of Physics, Chemistry and Biology and Physics, Chemistry and Mathematics. Accordingly, upon her admission in the 11th Standard at the Central School at Vallabh Vidyanagar near Anand in Gujarat, she continued with the subjects Physics, Chemistry and Biology. The petitioner's daughter having passed 11th Standard, continued her studies in the 12th Standard and appeared at the 12th Standard Examination of All India Senior School Certificate Examination conducted by the Central Board of Secondary Education in the month of May, 1994, with the subjects of Physics, Chemistry and Biology as permitted to be opted. The petitioner Sweta Garg passed the 12th Standard Examination, i.e., Senior School Certificate Examination held by the Central Board of Secondary Education with 83.4% marks in aggregate and in the Science, i.e., Physics, Chemistry and Biology (only theory papers, without practical) she secured 81.9% marks. She then applied for her admission to the discipline of Medicine, Dental and Physiotherapy in any of the Medical Colleges in the State of Gujarat. On or about 26-8-1994 merit list of the student, who would be eligible for seeking admission to the disciplines of Medicine, Dental and Physiotherapy came to be published by the respondent No. 2, i.e., Dean, B. J. Medical College, Central Degree Admission Cell in order of preference. But name of petitioner's daughter Sweta Garg did not appear in the merit list prepared by respondent No. 2. On inquiry it was revealed to her that as per Rule 1.3 of the relevant Rules, namely, "The Rules for Admission to First M.B.B.S/First B.D.S./ First B. Physio courses at the Government Medical Colleges and other Colleges" the marks obtained by the concerned student in the subject of Mathematics are also computed for the purpose of deciding as to whether the concerned student would qualify to seek admission to the said discipline and as the petitioner had no subject of Mathematics in the Central Board of Secondary Education Examination of 12th standard, she was not regarded as eligible for being admitted to the disciplines for which she had applied and, therefore, her name was not included in the merit list despite the above referred higher percentage to her credit in the 12th standard examination of the Central Board of Secondary Education held in 1994. At this juncture, aggrieved from this action of the respondents, the present Special Civil Application was filed.

(3.) On 17-9-1994 ad interim relief, to keep seats vacant, was vacated and the matter was fixed for 26-9-1994. Rule was issued on 17-2-1995 returnable on 24- 2-1995. On 9-3-1995 it was recorded that it was not possible to hear and dispose of the matter finally on that day and, therefore, it was left open for the counsel for the petitioner to make a mention before Vacation Judge. However, the matter has come up today for final hearing.