(Per : HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
1. In all these cases as common question is involved and similar prayer is made, they are heard together and disposed of by this common order.
Prayer has been made to direct the 3rd respondent-Admission Committee to bifurcate the total available seats in the discipline of Engineering at the level of degree in the Branch of Biomedical for being offered to the students of Diploma courses in the ratio of 50:50 between the Diploma holders in Biomedical Engineering and Diploma holders in Instrumentation and Control Engineering respectively. Further prayer has been made to declare Rule 11 of `Diploma in Engineering Course to Bachelor of Engineering and Technology Course (Regulation of Admission and Payment of Fees) Rules, 2008 (hereinafter referred to as `the Rules') as ultravires.
2. The petitioners have passed Diploma in Biomedical Engineering course. They applied for admission in the 2nd year (3rd Semester) of Bachelor of Engineering course for the academic session 2010-11 in Biomedical Engineering. They have been admitted in different Private Engineering Colleges. Their grievance is that though persons having lesser marks than them have been admitted in the 2nd year (3rd Semester) of Bachelor of Engineering course in different Government Colleges having more facilities and less fee, the petitioners have been discriminated, having been granted admission in Private Engineering Colleges.
3. Admission of Diploma holders in 2nd year Bachelor of Engineering courses are guided by the Rules notified by Education Department, Government of Gujarat, on 19.07.2008. Under the said Rules, 10% of seats of 2nd year (3rd Semester) of Bachelor of Engineering courses in different Government and Private Engineering Colleges are reserved for admission of Diploma holders in Engineering. Under Rule 11, seats have been distributed on pro-rata basis amongst the candidates who have passed qualifying examination conducted by Technical Examination Board, Gujarat State and Unaided Colleges or Institutions affiliated with a University or a University situated in State of Gujarat. The manner in which separate merit list prepared for separate courses is upgraded under Rule 12. Both the aforesaid Rules 11 and 12 are quoted hereunder:
11. Distribution of seats :-
(1) For the purpose of admission, the available seats shall be distributed on the pro-rata basis among the candidates with more than 50 percentage aggregate marks in qualifying examination,-
(a) who have passed qualifying examination conducted by Technical Examination Board (TEB), Gujarat State, and
(b) who have passed qualifying examination from the Unaided Colleges or Institutions situated and affiliated with any University or from a University situated in Gujarat State.
(3) Where the candidates of more than one Diploma courses are eligible for admission on a particular degree course then seats shall be distributed on pro-rata basis for respective diploma courses as prescribed in sub-rule (2).
12. Preparation of Merit List :-
(1) Two separate course wise merit lists of the candidates who have applied for admission in the prescribed form, within the prescribed time limit and who are found eligible for admission under these rules, shall be prepared in the following manner namely :-
(a) the first merit list shall be prepared for the candidates who have passed qualifying examination from the Technical Examination Board (TEB).
(i) on the basis of theory marks obtained in the best of top ten subjects in case of a candidate who has secured admission in the Diploma Course under MPEC system, and
(ii) on the basis of theory marks obtained in the subjects of last two semesters in case of a candidate who has secured admission in the Diploma Course under Non-MPEC system.
(b) The second merit list shall be prepared for the candidates who have passed qualifying examination from the Unaided colleges or Institutions situated in Gujarat State and affiliated with any University on the basis of theory marks obtained in the subject of last two semesters.
(c) where the candidates who have passed qualifying examination with either of the last two semesters exclusively having project or training, the theory marks of last two semesters excluding the semesters having project or training shall be considered for preparation of merit list.
(2) The criteria for deciding merit order in case of students having equal merit marks shall be in the following sequence, namely :-
(a) The candidate who has passed the Higher Secondary School Certificate Examination (Standard XII, 10 + 2 pattern) passed in the Science Stream or equivalent examination shall be given priority.
(b) Total theory marks obtained in the subjects of Physics, Chemistry and Mathematics of the Higher Secondary School certificate Examination, (Standard XII, 10 + 2 pattern) passed in the Science Stream of equivalent examination.
(c) Total marks obtained in the compulsory subjects of the Secondary School certificate Examination (Standard X),
(d) Date of Birth (Candidate who is older in age shall be given priority).
4. In the writ petitions, petitioners also challenged the validity of Rule 11, whereby seats have been distributed on pro-rata basis among the candidates who passed the qualifying examination from different Boards. But in absence of specific pleading to suggest how the said Rule is arbitrary, at the time of hearing Mr. Abhay Shah, learned counsel appearing on behalf of petitioners has not pressed the prayer challenging the validity of Rule 11.
5. The main thrust given is that preparation of two separate merit lists on the basis of passing of qualifying examination from two different faculties is arbitrary. It was contended that number of candidates who obtained lower marks have been admitted in the Government Engineering Colleges in 2nd year (3rd Semester) Bachelor of Engineering course in Biomedical faculty ignoring the petitioners who obtained higher marks in the qualifying examination.
6. The respondents while taken a specific plea that Rule 11 is not ultravires, submitted that allotting seats on pro-rata basis on the basis of securing 50% marks in qualifying examination in respective disciplines cannot be said to be baseless, as seats can vary from year to year, depending upon the result of the students in the qualifying examination.
7. The stand of the respondents is that in the present academic session 2010-11, in all, from the faculty of Biomedical Engineering, there are 30 candidates and there are 262 candidates in Instrumentation and Control Engineering with more than 50% aggregate marks in the qualifying examination, who have applied. Both Diploma holders in Biomedical Engineering and Diploma holders in Instrumentation and Control Engineering are eligible and entitled for admission in 2nd year (3rd Semester) Biomedical Engineering course, if they have obtained more than 50% marks in aggregate in the qualifying examination. For the said reason, with a view to provide equal opportunities to Diploma holders of both the Branches, viz. `Biomedical Engineering' and `Instrumentation and Control Engineering', seats have been earmarked on pro-rata basis. The detailed table showing how pro-rata distribution has been made amongst the students, as per Rule 11(c), is shown hereunder:
Sr.
No.
Diploma Course No.
of Students more than with 50% aggregate marks in qualifying exam Pro-rata 1 Bio-Medical Engg.
10.27 {(30/292)*100) 2 Instrumentation & Control Engg.
89.73 {(262/292)*100) Total 292 No. of seats in Govt. Colleges : 20 No. seats in SFI : 34 Total available seats : 54 Sr.
No.
Distribution Pro-rata (Diploma Branch) No.
of Seats Govt.
Colleges Self-finance Institutes 1 10.27% (Bio-Medical Engg.) 06 {(54x10.27)/100=5.5458) 02 {(20x10.27)/100}=2.054 04 {(34x10.27)/100}=3.4918} 2 89.73% (Instrumentation & Control) 48 {(54x89.73)/100}=48.4542 18 {(20x89.27)/100}=17.946 30 {(34x89.27)/100}=30.5082
8. From the aforesaid distribution on ro-rata basis, it appears that the Diploma holders in Biomedical Engineering as per their percentage are entitled for 2 seats in Government Colleges and 4 seats in Self-Finance Institutes, whereas Diploma holders in Instrumentation and Control Engineering are entitled for 18 seats in Government Colleges and 30 seats in Self-Finance Institutes. Both the aforesaid 2 seats in the Government Colleges earmarked for admission from amongst Diploma holders in Biomedical Engineering have been filled up from amongst candidates having higher marks than the petitioners. For the said reason, petitioners have been allocated and admitted in the Self-Finance Institutes. Those who are alleged to have obtained lesser marks than the petitioners, they have been so admitted against their quota of 18 seats in Government Colleges having Diploma in Instrumentation and Control Engineering.
9. In the aforesaid background, it will be evident that the respondents having rightly allotted seats and admitted the petitioners in the Self-Finance Institutes, such action cannot be held to be arbitrary. In absence of any merit, all these writ petitions are dismissed. No costs.
(S.J.
MUKHOPADHAYA, C.J.) (ANANT S. DAVE, J.) [sn devu] pps Top