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2013 Supreme(Guj) 363
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHASKAR BHATTACHARYA and J.B.PARDIWALA, JJ.
ASSOCIATION OF SELF FINANCING COLLEGES - Petitioner(s)
Versus
STATE OF GUJARAT - Respondent(s)
SPECIAL CIVIL APPLICATION NO. 12255 of 2013
Decided On : 27/08/2013
Advocate Appeared:
MR DHAVAL DAVE, SR. COUNSEL with MR PA JADEJA, ADVOCATE for the Petitioner(s) No. 1
MR. VANDAN BAXI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 -2
Headnote:
Master of Business Administration Course Rules, 2013 - Rule 17 - Master of Computer Application Course Rules, 2013 - Constitution of India - Article 226 - writ-application has filed by Association of self-financing technical institutions and colleges of the State of Gujarat, seeking that this Hon'ble Court be pleased to declare as ultra vires Constitution of India to the extent that the said Rule 17 mandates that vacant seats there under for MBA and MCA course are to be filed in only by offering the same to the students who have appeared at either CMAT/CAT/MAT or any other entrance test in the alternative, this Hon'ble Court be pleased to read down and the by construing the same as making it permissible for the colleges to offer vacant seats there under to the students who had not appeared at either CMAT/CAT/MAT or any other entrance test in the alternative after offering the same in the first instance in the order prescribed in the said Rule 17 to the student s who had appeared for either CMAT/CAT/MAT or any other entrance test in the alternative -Held, Issue is regarding filling up vacant seats and, therefore, all those students who have already been admitted would not get disturbed. Even otherwise, having regard to the number of seats vacant and considering that hardly 10% of the vacant seats would be filled up if permitted, the students will be able to secure admission in the college of his or her choice without any difficulty - Petition allowed.
JUDGMENT :
J.B.PARDIWALA, J.
This writ-application under Article 226 of the Constitution of India has been filed by an Association of self-financing technical institutions and colleges of the State of Gujarat, seeking the following reliefs:-
(A) That this Hon'ble Court be pleased to declare Rule 17 of the Master of Business Administration Course (Regulation of Admission and Payment of Fees) Rules, 2013 and the Master of Computer Application Course (Regulation of Admission and Payment of Fees) Rules, 2013 as ultra vires the Constitution of India to the extent that the said Rule 17 mandates that vacant seats there under for MBA and MCA course are to be filed in only by offering the same to the students who have appeared at either CMAT/CAT/MAT or any other entrance test in the alternative.
(B) That, in the alternative, this Hon'ble Court be pleased to read down the said Rule 17 of the Master of Business Administration Course (Regulation of Admission and Payment of Fees) Rules, 2013 and the Master of Computer Application Course (Regulation of Admission and Payment of Fees) Rules, 2013 by construing the same as making it permissible for the colleges to offer vacant seats there under to the students who had not appeared at either CMAT/CAT/MAT or any other entrance test in the alternative after offering the same in the first instance in the order prescribed in the said Rule 17 to the student s who had appeared for either CMAT/CAT/MAT or any other entrance test in the alternative.
(C) That pending admission, hearing and final disposal of the present petition, this Hon'ble Court be pleased to permit the colleges imparting education for MBA and MCA courses to admit students in respect of vacant seats by offering the same to the students who had not appeared at either CMAT/CAT/MAT or any other entrance test in the alternative after offering the same in the first instance in the order prescribed in the said Rule 17 to the students who had appeared for either CMAT/CAT/MAT or any other entrance test in the alternative.
2. The case made out by the petitioner in this petition may be summarized thus:
2.1 The petitioner is an Association of self-financing technical institutions and colleges of the State of Gujarat. The petitioner is a Public Trust registered under the Bombay Public Trusts Act, 1950. The Association has been recognized by the State of Gujarat through its Education Department as a Body representing the self-financing technical institutions and colleges of the State of Gujarat.
2.2 According to the petitioner, the State of Gujarat, in exercise of powers conferred upon it under Section 20 of the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (hereinafter referred to as "the said Act" for short) has framed the Rules called "The Master of Business Administration Course (Regulation of Admission and Payment of Fees) Rules, 2013 and the Master of Computer Application Course (Regulation of Admission and Payment of Fees) Rules, 2013 (hereinafter referred to as "the said Rules" for short). The object of the said Rules is to regulate the process of admission, as also the payment of fees by the students in respect of the courses in the disciplines of Management and Computer Applications at the level of Post Graduation. Rule 5 of the said Rules prescribes the eligibility criteria for admission to MBA and MCA Courses. According to the said Rule, in order to become eligible for admission to the said Course, the concerned student should have passed the qualifying examination as mentioned in Rule 2, Clause (g) of the said Rules with minimum marks specified in Rule 5 of the said Rules and in addition to that, a student should also have appeared at the Common Management Aptitude Test (for short "CMAT") conducted by the All India Council for Technical Education (for short
