M.R.CALLA - (1.)This Letters Patent Appeal is directed against the order dated 6.9.2000 passed by the Learned Single Judge in Special Civil Application No. 8539 of 2000 whereby the Special Civil Application is dismissed.
(2.)The appellant herein being a minor represented through his natural guardian (father) preferred the Special Civil Application as the original petitioner with the prayer that an appropriate writ, order or direction be issued against the respondents to accept his application form and to consider the same on merits for admission to the First Year Degree/Diploma in Engineering/Pharmacy and raised the following issue in the Special Civil Application:-
"Is it permissible on the part of the Central Degree Admission Cell as well as the Directorate of Technical Education both legally and equitably speaking, to deny the consideration of the case of the Petitioner for admission to various colleges in the State of Gujarat in the discipline of Engineering and Pharmacy either at the level of degree or diploma for the academic year 2000-2001, on the solitary premise that the Petitioner has passed 12th Standard Examination in Science Stream by appearing at the supplementary examination undertaken by the Gujarat Secondary Education Board in the month of July, 2000, as opposed to passing the the said examination by appearing at the regular examination for the same undertaken by the Gujarat Secondary Education Board in the month of March, 2000."

(3.)The appellant had appeared at 12th Std. (Science Stream) Examination conducted by Gujarat Secondary Education Board in March 2000. He says that he was not in a position to appear in the subject of Biology in the said examination conducted by the Board in the month of March, 2000 and thereafter when the result was declared, he was declared to have failed at the said examination in one of the subjects i.e. Biology. It was also the case of the appellant that the Board had declared in the month of May 2000 that those students of 12th Std. (Science Stream) who have failed in one of the subjects at the examination conducted in March 2000, a supplementary examination would be held in the month of July 2000 to see that the valuable academic year of such students is not spoiled if they succeed in the said examination. The appellant then appeared in the said supplementary examination in the subject of Biology on 10.7.2000. The result of the supplementary examination was declared on 26.7.2001 and he was declared successful. The appellant claims that he had obtained 60% marks in Science subjects and requested the Central Degree Admission Cell to accept the petitioner's application form for admission to various colleges at the level of either degree/diploma in the courses of Engineering/Pharmacy in the year 2000-2001. However, the said request was turned down on the ground that whereas he has passed the examination, by supplementary at late stage now his case could not be considered for admission for the academic year 2000-2001. The aforesaid decision was challenged through Special Civil Application and it was contended that the action of the respondents in not considering his application for admission as aforesaid runs counter to the decision rendered by this Court in similar facts and circumstances on 27.8.99 in Special Civil Application No. 5909 of 1999 & 5968 of 1999. It was also submitted that the supplementary examination was conducted for the first time by the Board in the year 1999 and at that time also, the Central Degree Admission Cell and the Directorate of Technical Education had declined to consider the cases of those candidates who had passed through the supplementary examination and when such action was challenged through SCA Nos. 5909 and 5968 of 1999, it was ruled by the Court that the candidates who had passed through the supplementary examination shall be entitled to secure admission in various disciplines in the same academic year without waiting for the next academic year to commence. The Special Civil Application was contested by the respondents and an affidavit in reply was filed under signatures of the Deputy Director, Technical Education. In the said reply a stand was taken that for academic year 2000-01 the admission to a degree/diploma in Engineering/Pharmacy courses are governed by the Government Resolution dated 1.5.2000. As per this Government resolution, the students who appeared in one subject in the supplementary examination are not eligible to admission to degree/diploma in Engineering/Pharmacy course for the academic year 2000-2001. It is also stated that the purpose of conducting these supplementary examinations was with a view to see that the academic year of the students failing in one subject is not spoiled. That did not mean that it was necessary to facilitate their admission to professional course because of heir low rank. It was also stated that many students applied for rechecking of various papers which takes 6 to 8 weeks time for completion. The regular students who passed the 12th HSC Examination in March/April have to be considered for admission in professional courses well on time and the process of their admission could not wait till the results of supplementary examination is declared and therefore it was decided that the students passing through the supplementary examination shall not be eligible in the academic year 2000-01 and it was also submitted that for this academic year 2000-01 no application form was accepted from any of the failed candidates as against the factual position that said forms had been accepted for the year 1999-2000. It was also submitted that the decision to hold the supplementary examination was taken after declaration of Government Resolution dated 5.5.99 and it was mentioned in Part-II relating to the eligibility that students passing 12th HSC Science Stream in March/April or October/November in the said academic year were eligible for admission to professional course and therefore in Special Civil Application Nos.5909 and 5968 of 1999, the Court had granted relief to the students who had approached the Court because their applications had already been accepted and recorded under the qualified category. The registration under such category was eliminated altogether for the academic year 2000-2001. It was also stated that the admissions for the year 2000-2001 had already been delayed.