Point in Issue :
Whether Rules framed by State Government restricting to limit admission to students domiciled within the State of Gujarat — sustainable.

J.B. Pardiwala, J.—By way of this petition under Article 226 of the Constitution, the petitioner, a resident of the State of Uttar Pradesh has prayed for the following reliefs:

“5. (a) Issue a declaration that the Respondents entirely lack the power, authority and jurisdiction to prohibit admission in PTC Colleges in the State of Gujarat to students belonging from other states of the Country.

(aa) Issue a declaration holding that Rule 4.1 restricting eligibility to candidates who have passed standard XII examination from schools situated in Gujarat as arbitrary discriminatory and hence, unconstitutional and be pleased to issue an appropriate writ order or directions quashing and setting aside the said Rule.

(b) Issue a writ of mandamus a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to accept the admission form of the petitioner and to consider the petitioner for grant of admission I the Respondent No. 4 College.

(c) Pending admission and final hearing the Hon’ble Court be pleased to direct the respondents to accept the admission form of the petitioner and to consider the petitioner for grant of admission in the Respondent No. 4 College.

(d) For ad-interim relief in terms of prayer (c) above.”

2. Facts relevant for the purpose of deciding this petition can be summarized as under:

2.1 Petitioner seeks to challenge the action of the State Admission Committee in refusing to consider the petitioner for admission to PTC colleges in State of Gujarat. The grievance of the petitioner is that Rule 4.1.1 framed by the State Government governing the admission to the two years’ PTC course after standard 12 only permits students, who have passed their qualifying examination in a school situated in the State of Gujarat, to be considered for admission. The petitioner has challenged the legality of the said action and the validity of the said rules on the grounds enumerated hereinafter:

“1. The norms for admission to PTC course are prescribed by statutory regulations framed by the NCTE in exercise of powers under the National Council for Teacher Education Act, which specifically provide that any candidate who has passed the secondary+2 examination with 50% marks would be eligible for admission to the PTC course. The regulations having been framed under a Central Act, would prevail and the State Government cannot restrict the eligibility by providing that only students who have studied in schools within the State of Gujarat would be eligible for admission in PTC colleges in Gujarat.

2. The State of Gujarat has not earmarked any quota for students from outside state and has prescribed the eligibility criteria which restricts consideration only to students who have passed their qualifying examinations from schools within the State of Gujarat. This amounts to 100% reservation in favour of students from within the state which amounts to wholesale reservation which is declared to be unconstitutional in the judgement rendered by the Apex Court in the matter of Pradeep Jain vs. Union of India, (1984 (3) SCC 654).

3. The impugned rules seek to completely exclude from consideration students who have studied and passed the qualifying examination from states other than Gujarati. It is the constitutional mandate to ensure that students from other states are able to undertake education in the State. Atleast 15% seats have to be provided for such students and only thereafter reservation based on residence/institution can be provided.

4. There is no object sought to be achieved in excluding students from other states. The classification is not based on any intelligible differentia and violates the constitutional mandate of Article 14. The State has no power to act in any manner which affects or hinders the essence- and this contained in the scheme of the Constitution which is against creation of inter state barriers and/or regional pockets which would sta