VIPULKUMAR DHIRUBHAI SOLANKI Vs. CENTRAL DEGREE ADMISSION COMMITTEE

JUDGEMENT

(1.) Whereas these three Special Civil Applications involve grievances against or about the Govt. Resolutions dated 5.5.1999 read with amendment dated 22.6.1999, I propose to decide these three petitions by this common judgement and order. In Special Civil Applications No.4437 of 1999 and No.4780 of 1999 while the Central Degree Admission Committee has been made respondent, in Special Civil Application No.4869 of 1999, Secretary, Education Deptt., Govt. of Gujarat and Director of Technical Education Board, Govt. of Gujarat have also been arrayed as respondents nos.2 and 3, all the three petitions have been opposed by the Asstt. Govt. Pleader and in all the three Special Civil Applications, affidavits in reply have been filed under the signatures of M.M. Sheikh, Joint Director of Technical Education in the Directorate of Technical Education at Gandhinagar and whereas all the three petitions have been argued together, this Court does not feel inclined to throw away the two petitions being Special Civil Applications Nos.4437 of 1999 and 4780 of 1999 only on the ground that the State of Gujarat or its functionaries have not been arrayed as respondents and hence proceed to decide the three Special Civil Applications on merits.

(2.) The petitioner herein has come with the case that he has been a meritorious student throughout. On 28.4.1998 he applied for admission to MBBS Course and on being admitted he joined the course of MBBS on 25.11.1998 and left the college in February 1999, while he was studying in first term of MBBS. The petitioner had requested for cancellation of his claim for the said course and the Dean of BJ Medical College issued a letter dated 17.5.1999, whereby his claim for first MBBS Course for the year 1998- 99 was cancelled. This year he again applied for his admission to the Engineering/ Pharmacy course on 24.5.1999 - but his candidature for either of these two courses, i.e. either for Engineering or Pharmacy has not been entertained, because as per Annexure 'D' dated 15.5.1999, on record with the petition, only those candidates are entitled to be considered for the said courses, who have passed 12th Standard Examination in Science stream or equivalent examination in March/ April of the academic year 1998- 99 and October/ November of the academic year 1997- 98; meaning thereby that those who had passed the qualifying examination of 12th Standard prior to October/ November of the academic year 1997- 98 would not be eligible to be considered. The result is that the petitioner who had passed the qualifying examination of higher secondary certificate (10 + 2) pattern in March 1998, i.e. academic year 1997 - 98 with 77.84 % marks in Grade I (Dist.) and 87% marks for the purpose of computing merit in the relevant subjects, is being denied admission.

(3.) In these circumstances the present petitioner has prayed for quashing and setting aside the policy of the respondents in not considering candidates like him, i.e. those who passed examination of higher secondary before October/ November of the academic year 1997 - 98, through the present Special Civil Application filed in this Court on 23.6.1999.