(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA) In both the cases, as common question is involved and are governed by an unreported Division Bench decision of this Court, they are heard together and disposed of by this common order.
2. The petitioners are students of Ayurved, Medicine and Surgery Course Session 2009-10. They have challenged the decision in the letter dated 25.06.2010 of the Admission Committee for Professional Medical Educational Courses, B.J. Medical College, Ahmedabad, communicated to the Principal, G.J. Ayurved College, New Vidhyanagar. By the aforesaid letter, it has been intimated that the petitioners who have passed their examination in July 2009 are not eligible for admission in view of `the Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees) Rules, 2009' (hereinafter referred to as `the Rules').
3. Learned counsel appearing on behalf of the petitioners would contend that in view of the declaration as made by the Admission Committee that their admission was illegal, being ineligible for admission, the University has not enrolled them and they may not be allowed to appear in the forthcoming examination. It is also contended that similar matter fell for consideration before this Court in the case of Dhavalkumar Vinodray Dasadiya Vs. State of Gujarat and others - Special Civil Application No.10478 of 2010, wherein a Division Bench of this Court by an unreported decision dated 07.09.2010 having noticed Rule 5(4) and Rule 22 of the Rules held that the admission of petitioners of the said petition cannot be said to be illegal and directed the University to publish their results.
4. It is not in dispute that both the petitioners have passed supplementary examinations in July 2009. Rule 5(4) of the Rules stipulates that a candidate who has passed the qualifying examination after appearing in the supplementary examination is not eligible for admission in the current academic session. Referring to the aforesaid Rule, the University has taken the plea that the petitioners were not eligible for admission in the current academic year 2009-10, having passed in supplementary examination in July 2009. So, they are eligible for admission in the next academic year 2010-11. Though no counter affidavit has been filed, similar plea has been taken by Mr. P.K. Jani, learned counsel for the State, appearing for the Admission Committee. The College is supporting the students.
5. Similar was the position in the case of Dhavalkumar Vinodray Dasadiya (supra).
In the said case, the Court noticed Rule 5(4) and Rule 22 of the Rules as quoted hereunder:
5(4) A candidate who has passed the qualifying examination after appearing in the supplementary examination conducted by the Board shall not be eligible for admission in the current academic year
22. Vacant seats: - After the completion of admission process or offering admission to all the candidates whose names appear in the merit list, if the seats remained vacant, such vacant seats shall be displayed on the official website, and on the notice board of the office of the Admission Committee and the same may be intimated to the College or Institutions wherein the seats are vacant. In case any candidate requires admission on such vacant seats he shall apply directly to such College or Institutions. The vacant seats shall be filled by giving priority to the students of Gujarat State. The Colleges or Institutions shall admit the candidates on the basis of inter-se merit of the applicants; subject to the eligibility criteria, in respect of the course the candidate is granted admission, as laid down by the respective council or as the case may be, the respective university.
The Court noticed that the aforesaid Rules were similar to Rule 5(7) and Rule 20 of Bachelor of Architecture, Bachelor of Technology (Civil Construction) and Bachelor of Interior Design Courses (Regulation of Admission and Payment of Fees) Rules, 2008, which fell for consideration before a Division Bench of this Court in the case of Ketanbhai M. Modi Vs. Admission Committee for Professional Courses - Special Civil Application No.10758 of 2008 disposed of on 01.09.2008. Therein, the Court observed as follows:-
6. While we do accept the reasoning of the authorities that if the students passing the qualifying examination in July 2008 were treated as eligible for admission in current academic year even while preparing the first merit list, it would have delayed the entire admission process; in our view, after the first round of admissions is over, if vacant seats are still available, and the advertisement inviting fresh applications is published after declaration of results of supplementary examination, there is no reason why the students passing the qualifying examination by appearing at the supplementary examination should be debarred from being considered for admissions to such vacant seats.
Having noticed the aforesaid provisions and the fact that the respondents have not issued any formal order of cancellation of admission of any of the candidates, and the College on the basis of decision in Ketanbhai M. Modi (supra) admitted the petitioners therein, it was held that the respondent University cannot refuse to register their names and directed to publish their results as they have already been allowed to appear pursuant to an interim order of the Court.
6. The case of the petitioners being similar, we set aside the decision as contained in the impugned letter dated 25.06.2010 and direct the University to enroll the petitioners and to allow them to appear in the forthcoming examinations of Ayurved, Medicine and Surgery Course academic session 2009-10 subject to deposit of requisite fee, if they have completed the course. Both the writ petitions are allowed with aforesaid observations and directions. No costs.
(S.J.
MUKHOPADHAYA, C.J.) (ANANT S. DAVE, J.) [sn devu] pps Top