ASSOCIATION OF MANAGEMENT OF GUJARAT UNAIDED ENGINEERING Vs. JUSTICE RJ SHAH ADMISSION COMMITTEE FOR PROFESSIONAL

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner " Association of Management of Gujarat Unaided Engineering Colleges and Institutions (hereinafter referred to as "the S.F.I.) has challenged the legality and validity of the decision of the respondent No.1 " Admission Committee directing the members of the petitioner Association Self Finance Engineering Colleges in the State to grant admission to the 1st year Degree Engineering Courses either by taking Common Entrance Test and the merit list prepared on that basis or to grant admission to the 1st year Degree Engineering Courses on the basis of the merit list prepared considering the marks obtained in Higher Secondary Examination (H.S.S.E.) (60%) and Common Entrance Test conducted by the State Government which is known as "GUJCET" (40%) and refusing to grant permission to the Self Financed Institutions in the State to grant admission on the basis of the marks obtained in Higher Secondary Education which is also qualifying examination.

(2.) The short but interesting question which has been raised in the present petition is that whether the Self Financed Institutions can grant admission in the 1st Year of Degree Engineering solely on the basis of marks obtained in standard 12th Examination (H.S.C. Examinon) and whether the Self Financed Institutions can treat qualifying examination (H.S.C. Examination) itself as base and/or Common Entrance Test for the purpose of admission in the 1st Year of Degree Engineering courses and/or the Admission Committee appointed by the State Government can insist the Self Financed Institutions to take Common Entrance Test and grant admission in the 1st Year Course on the basis of marks obtained in Common Entrance Test and in default to grant admission on the basis of marks obtained in H.S.C. Examination and GUJCET.

(3.) The impugned decision of the respondent No.1 Admission Committee commanded that instead of granting admission in 1st year of Degree Engineering Courses on the basis of 12th Standard Examination in Science Stream in Unaided Colleges in the State which are members of the petitioner Association, should grant admission to the said courses by taking an entrance examination through the petitioner Association and if they do not intend to do so, then in that case, they must admit the students to the said students by following combination of said 12th Standard Examination in Science Stream and examination conducted by the State Government which is known as GUJSET undertaken by the State for admission to the Government and Grant-in-Aid Colleges.