GANVIT PRAMILABEN BARKABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Patel, learned AGP waives notice of rule for respondents no. 1 and 2 and Mr. Rakesh R. Patel waives notice of rule for respondent no. 3. The matter is finally heard.

(2.) THE short facts of the case appear to be that the petitioner - student applied for admission in P. T. C. to the Centralised Admission Committee of Dadra and Nagar Haveli but she was not granted admission in the Centralised Admission quota. The respondent no. 3 - college is having intake capacity for the academic year 2007-08 of 100 students out of which 10% seats were in the Management quota i. e. 10 seats whereas 90% seats were in the Government quota, to be filled up through Centralised Admission Committee. The respondent no. 3 had exhausted 10 seats on the Management quota. However, in the Government quota seats, since sufficient number of students were not available, as against 90 seats, the students allotted to respondent no. 3 were 89 and out of such 89 students, one student did not opt for admission and consequently, 88 seats were filled up through Centralised Admission and two seats were vacant. As per the petitioner, she applied for admission to the respondent no. 3 - College, who granted admission since the seats were vacant after exhausting all students available with the Centralised Admission Committee on the Government quota. However, when the list was forwarded to the competent authority for approval together with the name of the petitioner, the authority declined to approve the name of the petitioner for admission on the ground that the Management had granted admission and she did not apply to the Centralised Admission Committee in Gujarat for admission, which was one of the conditions for eligibility of admission in the Management quota. Under these circumstances, the present petition.

(3.) HEARD the learned advocates appearing for both the sides.