MEHTA VIJAY RASIKLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution the petitioner who is aspiring to become an engineer has made a grievance regarding his non-admission to electronic engineering course at the fourth respondent institution.

(2.) A few relevant facts leading to the present petition are required to be noted at the outset to highlight the grievance of the petitioner. The petitioner appeared in the higher secondary certificate examination conducted by the Gujarat Secondary Education Board in April 1986. The petitioner obtained 529 out of 800 marks in the theory papers as well as in practicals. The petitioner secured 80.% in science subjects (theory). It was his first trial. He stood at Sl. No. 88 out of total number of 25000 students who appeared in science stream in the aforesaid examination. So far as his marks in practical examination were concerned in physics he got 26 out of 50 marks; in chemistry he got 24 out of 50 marks and in biology he got 22 out of 50 marks. Thus out of practicals marks of 150 the petitioner secured 72 marks meaning thereby less than 50% of marks in practicals. There are six engineering colleges in the State of Gujarat. Admissions to medical and engineering faculties in the State of Gujarat are governed by rules of admission published by Govt. of Gujarat. The rules for admission to the engineering colleges have been published by the Technical Education Department of the Govt. of Gujarat. As per the aforesaid rules qualifying examination for being admitted to the engineering colleges is the higher secondary certificate examination (science stream) taking physics chemistry biology mathematics 10+2 education pattern conducted by either the Gujarat High Secondary Education Board or the Central Board of Secondary Education New Delhi from any of the recognised institutions located in the State of Gujarat in the month of March/April of the current month (sic year) or October/November of the preceding year. Rule 3 prescribes standard of minimum qualification for being considered for admission to engineering courses. For students who have passed higher secondary examination (Std. XII) with arithmetic (sic mathematics) physics chemistry and biology minimum qualifying marks for being considered for admission to the engineering courses are provided by Rule 3.2 as under. Candidate of general category must have obtained in theory papers of science stream in Std. XII 247 marks out of 450 i. e. 55% while so far as candidates belonging to scheduled castes and scheduled tribes are concerned they should have obtained 202 marks out of 450. As the petitioner belongs to general category of students as per Rule 3 2 he would be considered eligible for being considered for admission to engineering course if he has obtained 55% of marks in theory papers. Now as seen earlier he has obtained 80% in theory. Thus Rule 3 2 is clearly complied with by him. But the difficulty arises in connection with operation of Rule 3.3. It provides as under when translated in English :-

(3.) It is the stand of the respondents that as the petitioner did not satisfy the minimum eligibility criteria for being considered for admission as he did not score 50% marks provided for practicals in science subjects as per Rule 3.3 his name could not be included for consideration in the preparation of merit list and that is how he has been left out. ... ... ... ... ... ... ...