1986 Supreme(Guj) 13

Gujarat High Court
Judgename :A.P.RAVANI
GHANSHYAM KISAN BORIKAR - Appellant
Versus
L.D.ENGG.COLLEGE AND OTHERS - Respondent
S.C.A. 6903 of 1985
Decided On : 01/21/1986

Headnote:

Constitution of India , 1950 – Article 15 (4), 226 , 341 and 342 - Public Employment Act, 1957 - It requires revolutionary zeal and sincerity of purpose on the part of all those who execute implement and interpret the laws - This is the message of the instant case in which guideline issued by Central Government in relation to implementation of policy of reservation has come up for consideration - Can the guideline be understood and implemented so as to whittle down constitutional provisions relating to Fundamental Rights and Directive Principles - While petitioner was serving at Bombay his daughter got admission in medical course on reserved seats for ST candidates - Petitioner was in course of his service transferred from to sometime in the year - His son named has passed the qualifying examination i. e. XII Std. HSC examination held by the Secondary Education Board - It is also an undisputed fact that the petitioners son has secured 267 marks out of 450 marks - For the purpose of consideration of merits in Medical and Engineering colleges in the State total of 450 marks of Maths (I and II) Physics Biology and Chemistry are being taken into account - Authorities processing the application forms for admission to the B. E. course felt that tribe to which student belongs was not recognised as ST in relation to the State of and therefore he was not entitled to claim seat as ST candidate - Petitioners son being minor the petitioner as father and guardian of the student has challenged the legality and validity of this decision of respondent-authorities and has invoked jurisdiction of this High Court – Held, It is also submitted that in other States students belonging to the State of and belonging to SC/st in relation to the State of are being denied the benefits of SC/st only on the 6 that they have migrated from State of Gujarat and that they do not belong to that particular State - If this is so it is really a sorry state of affairs Instead of following the wrong course adopted by other State authorities State of Gujarat should have taken up issue with Central Government and point clarified - Now it is hoped that the Central Government would immediately take appropriate steps and shall clarify the position in the light of discussion and observations - A student or candidate belong to unreserved category hailing from if otherwise eligible to seek admission in medical technical or professional institution either at graduation level or at the post-graduation level anywhere in country would be in a position to claim such admission on the basis of his merit. Such a student or candidate cannot be denied admission and/or employment in any other part of the country on the ground that he belongs to the State of Gujarat and he does not belong to the State wherein he is seeking admission and/or employment Such a student cannot be told that he shall have to surrender his fundamental right to reside and settle anywhere in country and also his fundamental right of freedom of movement throughout the territory of India - Same logic and the same criteria should apply to the students and/or candidates belonging to SC and ST - They are also citizens of the country - They are also governed by the same law prevailing in the country - Demands are matters of right and not of philanthropy - They ask for parity and not charity - They claim their constitutional right to equality of status and of opportunity and economic and social justice. Several bridges have to be erected so that they may cross the Rubicon simply because constitutional protection is extended to them they cannot be treated differently than the other citizens of the country - They cannot be asked to surrender their fundamental rights if they wish to avail of benefits of constitutional protection extended to them - There is no reason to adopt one standard in respect of the members belonging to SC/st and other weaker sections of the society on the one hand and another standard – Order accordingly.