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Gujarat High Court
Hon’ble Mr. Chief Justice Bhaskar Bhattacharya & Hon’ble Mr. Justice J.B. Pardiwala
Patel Kruti Dilip Kumar & Ors.
Versus
State of Gujarat & Ors.
Special Civil Application No. 17366 of 20131—Decided on 24/04/2014
Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 — Section 4 — The Master of Engineering and Technology and Master of Pharmacy Courses (Regulation of Admission and Payment of Fees) Rules, 2013 — Rules 20 and 20(2) — Admission to M. Pharm. Course — Petitioners declined on ground that they passed the qualifying examination by appearing at supplementary examination after the cut off date for admission i.e. 11.09.2013 — Propriety of — Sustainability.
Held :
This litigation is nothing but an outcome of the imbroglio created by the respondents. Ordinarily, having regard to the object of the supplementary examination, the same should be conducted atleast by first week of July so that by the end of the month, the result of the supplementary examination could be declared and the students can apply for the admission to the first semester of the M. Pharm. Course before the expiry of the cut-off date for filling up of the forms, which ordinarily takes place in the month of August. If the supplementary examination would have been conducted in the month of July, then the petitioners herein could have applied for the admission in the first semester of the M. Pharm. Course in the respective colleges, but as the supplementary examination was conducted in the month of September, and by the time the provisional admissions were given to the petitioners by the respective colleges, the results could not be declared. Therefore, we are of the view that to avoid such problem in future, it would be advisable if the respondents endeavoured to declare the result of the supplementary examination before the date when first round of allotment of seats in the M. Pharm. Course is commenced. If the respondents are able to achieve this, the problem of the kind which has come before us can be avoided. [Para 85]
Court hold that Rule 20(2) of the Master of Engineering and Technology and Master of Pharmacy Course (Regulation of Admission and Payment of Fees) Rules, 2013, should be read down by construing the same as making it permissible for the colleges to offer vacant seats thereunder for the M. Pharm. Course to the students who have passed the qualifying examination in the discipline of Pharmacy at the level of graduation by appearing at the supplementary (remedial) examination only after offering the same in the first instance to the students who do not fall in the category of students referred to herein at who are otherwise eligible for admission under Rule 20(2) of the Rules. [Para 87]
Court uphold the validity of Rule 20(2) of the Rules by adopting the principle of ‘reading down’ or ‘reading into’ so as to make Rule 20(2) effective, workable and ensure the attainment of the object of the Rule. Ordinarily, the Courts would be reluctant to declare a law or a rule invalid or ultra vires on account of unconstitutionality. The Court should make all possible endeavour to interpret in a manner which would be in favour of the constitutionality, as declaring the law or a rule unconstitutional, should be one of the last resorts which the Court may take. [Para 88]
In the result, the petition succeeds and the same is allowed to the extent aforesaid. The respondents are directed to permit the petitioners to appear in the supplementary examination of the first semester of the M. Pharm. Course to be conducted in the month of May 2014. [Para 89]
Law Laid Down :
Courts ordinarily should be reluctant to declare a Law or a rule invalid or ultra vires on account of unconstitutionality — It should make all possible Endeavour to interpret in a manner which would be in favour of the constitutionality.
J.B. Pardiwala, J.—This writ petition has been preferred by the students. Their admission on the vacant seats in the current Academic Year 2013-2014 to the post graduate course in Pharmacy, viz. M. Pharm. is objected to by the Respondent No. 2 Admission Committee.
2. According to the Respondent No. 2 Admission Committee, as the petitioners have passed the qualifying examination of the B. Pharm. Course at the level of graduation in Pharmacy by appearing in the supplementary examination for the same conducted by the Respondent No. 3 University, they have rendered themselves ineligible for admission to the M. Pharm. Course in the current Academic Year 2013-2014.
3. Such action of the Respondent No. 2 Admission Committee has led the petitioners to file the present petition under Article 226 of the Constitution of India.
4. It appears that the principal grounds urged in the petition are twofold. First, there is no express provision in the concerned rules rendering the petitioners as ineligible for admission to the M. Pharm. Course on the ground that the petitioners have cleared the qualifying examination of the B. Pharm. by appearing at the supplementary examination. Secondly, even if such provision is to be read into the concerned rules by necessary implication, the concerned rule deserves to be declared as ultra vires Article 14 of the Constitution of India or in the alternative the concerned rule deserves to be read down so as to give a meaningful and purposive interpretation.
5. In such circumstances as referred to above, the petitioners have prayed for the following reliefs :
“(A) That this Hon’ble Court be pleased to declare Rule 20(2) of the Master of Engineering and Technology and Master of Pharmacy Courses (Regulation of Admission and Payment of Fees) Rules, 2013 as ultra vires the Constitution of India to the extent the said Rule 20(2) is construe by the Respondents, for the purpose of admission to M. Pharm course, as rendering ineligible the students who have passed the qualifying examination in the discipline of Pharmacy at the level of graduation by appearing at the Supplementary (Remedial) examination.
(B) That in the alternative, this Hon’ble Court be pleased to read down the said Rule 20(2) of the Master of Engineering and Technology and Master of Pharmacy 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 thereunder for M. Pharm course to the students who have passed qualifying examination in the discipline of Pharmacy at the level of graduation by appearing at the Supplementary (Remedial) examination only after offering the same in the first instance to the students who are not falling in the category of students referred to herein and who are otherwise eligible for admission under the said Rule 20(2) as it stands pursuant to the judicial pronouncement of this Hon’ble Court in Special Civil Application No. 13607 of 2013.
(C) That pending admission, hearing and final disposal of the present petition, this Hon’ble Court be pleased to permit the petitioners to continue with their studies for M. Pharm course pursuant to and in furtherance of their admissions thereto.
(D) That this Hon’ble Court be pleased to pass such other and further relief as the facts of the case may warrant.”
6. The case made out by the petitioners in the petition may be summarized as under :
The petitioners are the students. They are presently prosecuting their studies for the M. Pharm. Course pursuant to their provisional admission by the concerned colleges on the vacant seats and also on the strength of the interim order passed by this Court, protecting their admission subject to the final outcome of the petition.
7. The Respondent No. 1 is the State of Gujarat. The Education Department of the State Government looks after the field of technical education in the State.
8. The Respondent No. 2 Admission Committee is a body constituted under Section 4
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