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1982 Supreme(Guj) 131

A.M.AHMADI, R.C.MANKAD
Pareshkumar Mahendrabhai Shah – Appellant
Versus
State of Gujarat – Respondent


Advocates:
R.H. Mehta, R.N. Shah. M.D. Rana, Ashok L. Shah. H.L. Patel. J. A. Shelat and M.M. Dave. For Petitioners:R.R. Tripathi, for Petitioner in Spl. C. A. No. 2875 of 1982 for Respondent No. 4 in Spl. C. A. 2874 of 1982; M.A. Trivedi. Asst. Govt. Pleader i/b M.S. Shah of M/s. Ambubhai and Diwanji, J.C. Patel. N.J. Mehta, M.R. Anand, S.N. Shelat. G.J. Desai, Girish Patel. K.B. Pujara. B.R. Kayda and G.A. Pandit. For Respondents.

Judgement

A. M. AHMADI, J. :- Two groups of students (i) those who passed their Higher Secondary Certificate Examination in October 1981 and April 1982 (hereinafter called 'the first batch') and (ii) those who passed their Higher Secondary Certificate Examination in the preceding years (hereinafter called 'the second batch') are locked in combat in this group of petitions which raise the question of eligibility of the second batch for admission to the First Semester of the B. E. Degree course in certain colleges run by or under the control of the State Government. The Rules for Admission to the First Semester of the B. E. Degree course are framed by the State Government for each academic year. Admission to Engineering Colleges run by the State Government as well as certain other institutions is governed and regulated by the Rules framed in that behalf by the State Government from year to year. Accordingly, in super session of existing rules, the Government of Gujarat in the Education Department by their Resolution dated 31st May, 1982 framed Rules for Admission to the four colleges mentioned therein for the academic year 1982-83. The petitioners contend that on a correct reading of






































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