STATE OF GUJARAT Vs. BRIJKISHIORE GARG

JUDGEMENT

(1.) This appeal, which is filed under Clause 15 of the Letters Patent, is directed against judgment dated 15/07/1995 rendered by the learned Single Judge in Special Civil Application No. 10653/95 by which eligibility of the daughter of the respondent for admission to the government medical colleges is determined and the appellants are directed to give her due position in the merit list without being prejudiced on account of Rules 1 & 5.2 of the Rules framed for admission to 1st M.B.B.S./ 1st B.D.S./1st B.Physio Course at the Government Medical Colleges, on the basis of marks obtained by her at the Central Board of Secondary Examination in XIIth standard coupled with her credit in mathematics as additional subject in 1995.

(2.) It may be stated that Special Civil Application No. 10653/94 was initially instituted by the respondent as well as one Dr. Jagjit Singh Panjarath on September 1, 1994, but on 17/09/1994 Dr. Jagjit Singh had filed a separate petition being Special Civil Application No. 11058/94. At the time when the petitions were taken-up for hearing, a statement was made by the learned Counsel for the original petitioner Dr. Jagjit Singh that son of Dr. Jagjit Singh had already got admission somewhere-else and the petition had become infructuous. Therefore, Special Civil Application No. 10653/94 was maintained by the respondent only.

(3.) The respondent is holding the office of Senior Executive in the set-up of National Dairy Development Board at Anand. Prior to his appointment as Senior Executive at Anand, the respondent was discharging duties as an officer of National Dairy Development Board in its set-up at Jaipur. The respondent was transferred to Anand in the month of August, 1992. Prior to transfer of the respondent at Anand, his daughter named Sweta Garg was prosecuting her studies in Std. XI at Kendriya Vidyalaya at Jaipur,which is affiliated to the Central Board of Secondary Education, New Delhi. Upon the transfer of the respondent in the year 1992 at Anand, his daughter secured admission in the middle of the term in XIth Standard in School at Vallabh Vidyanagar affiliated to Central Board of Secondary Education. When daughter of the respondent was enrolled in XIth standard at Jaipur, she had opted to join the discipline of medicine,but had not selected mathematics as one of her subjects. At Anand also,the daughter of the respondent was permitted to continue the studies with the same option without any change in subjects. The respondent's daughter passed the examination conducted for XIth standard and continued her studies in XIIth standard. She appeared in All India Senior School Certificate Examination conducted by the Central Board of Secondary Education in the month of May, 1994 with subjects of physics, chemistry and biology and secured 83.4% marks in aggregate. She then applied for admission to 1st M.B.B.S./1st B.D.S./1st B. Physio course at Government medical colleges. A merit list of the students who were found eligible for seeking admission to the discipline of medicine was published by the Dean, B.J.Medical College, Central Degree Admission Cell on 26/08/1994. The name of daughter of the respondent did not figure in the said merit list. On inquiry,she learnt that her name was not included inthe merit list,as she had not passed the qualifying examination for admission with mathematics as one of the subjects in the examination conducted by Central Board of Secondary Education, New Delhi. Therefore, the respondent instituted Special Civil Application No. 10653/94, and claimed following reliefs: