( 1 ) THE question is regarding admission to the Part-time Post Diploma Degree Course (Electronics and Communications) There is no dispute that the two petitioners are eligible for admission to this course as they have passed Diploma in Electronics and Radio Engineering (DERE) after passing Standard XII (Science) examination.

( 2 ) THE contention of the petitioners is that the respondents Nos. 5 6 and 7 are not eligible and not entitled to be admitted to this course and if these respondents are excluded from admission the petitioners would get the same. These respondents have been admitted to this course in December 198 5/01/1986 and the semester examination is commencing from 30-6-1985 (three das hereafter) and the petitioners have stated that if they are entitled to be admitted they are entitled to appear at the examination so that they will not lose their valuable Semester or year of the academic career.

( 3 ) THE respondents Nos. 5 6 and 7 have not passed the Standard XII examination and after Standard X examination they have directly gone to the Diploma Course in Radio Technology (DRT) held by the Gujarat State Board of Technical Education. It is a course of six semesters (i. e. three years.) The minimum eligibility standard for admission to that diploma course is Standard X with Mathematics Science and English. After that course of Diploma in Radio Technology comprising of six semesters (i. e. 3 years) they are eligible for another diploma of three semesters called Additional DERE i. e. Additional Diploma in Electronics and Radio Engineering. The question is whether this additional diploma in Electronics and Radio Engineering is equivalent to the DERE of three years after Standard XII (Science) examination.

( 4 ) ACCORDING to the petitioners the advertisement issued for admission specifies and restricts the category of persons entitled for the same and the persons who have not passed Std. XII Science examination before obtaining the equivalent Diploma are not eligible and in the alternative are excluded by the Principal of the Engineering College. Secondly it is submitted that the equivalence of two Diploma Courses i. e. DERE and Additional DERE is bad and the decision of the respondent authorities is not sustainable. It is also submitted that the Standard XII (Science) Examination is one of the basic requirements and there is no equivalent examination passed by the respondent Nos. 5 to 7.

( 5 ) ON behalf of the respondents it is submitted that under sec. 22 of the Gujarat University Act and under Reg. 3 (Page 325 of Hand Book Part II of Gujarat University 1980 the Academic Council has the power on the recommendation of the Standing Committee on Equivalence of Examinations to grant recognition to examination of other Universities and Examining Bodies. At page 389 under caption General at point No. 5 there is equivalence and recognition of Civil Mechanical and Electrical Engineering Examination Diploma for admission to first year degree course.

( 6 ) A similar question regarding equivalence of the Addl. Diploma in Electronics and Radio Engineering (Additional DERE) was raised in the year 1982 and the Gujarat State Technical Examination Board wrote a letter dated 30/06/1982 to the respondent-Gujarat University and the subject of that letter shows Regarding equivalence of the DERE and Addl. DERE Examinations held by this Board. There is no dispute that both these examinations are held by the same Board and that very Board by that letter had recommended that both these Diplomas (DERE and Addl. DERE) be recognised as equivalent. It is pointed out therein that DRT is a six semester (3 years) course to which the admission is granted after 10th standard with Mathematics Science and English and DERE is a five semester course after Pre-Science (i. e. Std. XII Science Exam.) and Addl. DERE is a three semester course after DRF. Thus for DERE the duration of studies is 12 + 5 semesters and for Addl. DERE. it is Standar