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2014 Supreme(Guj) 1058

IN THE HIGH COURT OF GUJARAT
Bhaskar Bhattacharya, J.B. Pardiwala, JJ.
Vinod Pandya - Applicant
Versus
State of Gujarat & Ors. - Opponents
Writ Petition (PIL) No. 175 of 2014 With Civil Application No. 6264 of 2014 In Writ Petition (PIL) No. 175 of 2014
Decided On : 20-06-2014

Advocates Appeared:
For the Applicant :Mr. P.H. Pathak, Advocate
For the Opponents : Mr. P.K. Jani, Government Pleader

Headnote:

Constitution of India, 1950 - Article 226 - Public Interest Litigation - Challenging the criteria adopted by the respondents for giving admission to the professional courses challenging the validity of process of preparation of merit list of the candidate for admission to the B. (Tech) course by the Admission Committee for Professional Courses [ACPC, for short, hereafter], as provided in the B. Tech (Regulation of Admission and Payment of Fees) Rules, 2013 [the Rules, hereafter] as it was illegal and in violation of Article 14 of the Constitution of India. This Division Bench was pleased to allow the Special Civil Applications vide order and judgment dated 23rd July 2013 observing that the merit list had not been prepared in accordance with the existing Rules and the same was in violation of Article 14 of the Constitution of India - Held, merit-list not in conformity with Rules 11th 2(g) - Unless individual marks secured by candidates in their Board examinations was linked by way of multiplication, actual marks/merit could not be arrived at based on principle of percentile - The Court reiterating that formula suggested by this Court in Spl. C.A correct - Petition allowed.

JUDGMENT :

Bhaskar Bhattacharya, J.

By this Public Interest Litigation, the writ-petitioner has prayed for the following relief’s:

"12. In the aforesaid facts and circumstances, the petitioners pray that :

A. The Hon'ble Court be pleased to declare the method adopted by the respondents for preparation of combined merit-list of students in the Engg. Courses in 2014-2015, as ex-facie illegal, unjust, arbitrary, without application of mind and violation of Art 14 of the Constitution of India and be pleased to quash and set aside the same and direct the respondents to prepare fully justified method of admission till the date of result and follow the pro-rata system which was followed since long for admission in Engg. Courses.

B. Pending admission and final disposal of this petition, be pleased to restrain the respondents from acting as per the modified procedure for preparation of the merit-lists for the year 2014-2015 and/or direct to follow the method suggested by this Hon'ble Court in SCA/9960/2013.

C. Pending admission and final disposal of this petition be pleased to direct the respondents to produce the discussions and minutes of the joint meeting conducted by respondents from 1.1.2014 till 8.1.2014 for finalisation of the present method of preparation of merit-list.

D. Any other and further relief which this Hon' Court deem fit and proper, in interest of justice.

1.1. By a draft amendment, the petitioner has further prayed as under:

"B. Pending admission and final disposal of the petition, be pleased to direct the respondents to follow the method of admission in Engineering Course, which was prevailing prior to filing of Special C.A. No. 9960 of 2013."

2. The case made out by the petitioner in this application may be summed up thus:-

2.1. The petition is filed by the petitioner in the public interest for protecting the interest of the students who have passed XII standard Science stream from different boards and are intending to get admission to the professional course (B.Tech).

2.2. This petition is required to be filed because in the last year, the respondents had adopted a method of normalization for preparation of merit list for admission to the engineering courses, which was found by this Court to be violative of Article 14 of the Constitution of India. Some of the students and their parents had approached this Court by filing Special Civil Applications No. 9960/13, 10150/13, 10577/13, 10586/13 and 11030 of 2013, challenging the criteria adopted by the respondents for giving admission to the professional courses challenging the validity of process of preparation of merit list of the candidate for admission to the B. (Tech) course by the Admission Committee for Professional Courses [ACPC, for short, hereafter], as provided in the B. Tech (Regulation of Admission and Payment of Fees) Rules, 2013 [the Rules, hereafter] as it was illegal and in violation of Article 14 of the Constitution of India. This Division Bench was pleased to allow the Special Civil Applications vide order and judgment dated 23rd July 2013 observing that the merit list had not been prepared in accordance with the existing Rules and the same was in violation of Article 14 of the Constitution of India and consequently, passed the following direction in terms of paragraph 38.1 of the said judgment in the aforesaid matters:

"38.1 The merit-list in accordance with the existing Rules should be prepared in the following way:

The total marks obtained by a candidate will be A + B where A is the percentage of actual marks obtained by a candidate in his Board Examination X percentile given by that Board in respect of that candidate in comparison to all the similar candidates appearing in that Board Examination irrespective of the fact whether they have registered in this process of selection or not X .06 and B is the percentage of marks actually obtained by that candidat

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