VIRENDRASINH SANKARSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admitted . Mr. Joshi, learned AGP appears and waives service of notice of admission on behalf of the respondents. In the facts and circumstances of the case, the matter was taken up for final hearing.

(2.) This appeal is filed against summary dismissal of SCA No. 10633 of 1998 by the learned Single Judge on April 1, 1999. The appellant was the original petitioner. He approached this Court by filing the above petition for an appropriate writ, order or direction that he was eligible and was, therefore, entitled to be admitted in the course of Diploma in Electronics and Telecommunication Engineering and by directing the authorities to admit the petitioner in the said course in the Academic Year 1998-99.

(3.) The case of the petitioner was that after passing SSC and HSC examination, he became eligible to be admitted to the course in Diploma in Electronic and Tele-communication Engineering. He had also successfully completed Certificate Course in Electronic Fabrication and Assembly Mechanic conducted by Technical Examination Board of the State of Gujarat. In 1998, he applied for admission in Diploma in Electronics and Communication Engineering. As he was eligible, he received interview call. The booklet issued by the respondent authorities specifically mentioned in clause 7.6 that he will be reserved seats for students having certificate in the course mentioned thereunder. The course completed by the petitioner was one of such courses and hence, he was eligible to get admission under the reserved category for courses. According to the petitioner, there were total 275 seats. Reserved category ratio was 15:1 i.e. 19 seats. Merit list was displayed by the respondent authorities and the petitioner was shown at serial No. 13. In view of the fact that there were 19 seats reserved for certificate holders, he ought to have been admitted. To the utter shock and surprise, however, the petitioner was not granted admission. On inquiry, he came to know that the seat was given to a female candidate and, hence, the petitioner was denied admission. The petitioner challenged the that said action in the above petition.