- (1.)RULE . Respondents have appeared and therefore, no further notice of rule is required to be served. Since the matter is pertaining to students, the same is taken up for final hearing.
The petitioner has preferred this petition under Article 226 of the Constitution of India, praying for the following reliefs :

"18 -A Issue a writ of mandamus a writ in the nature of mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing the respondents to grant admission to the petitioners in the respondent No.4 College.

B. Pending admission and final hearing the Honourable Court be pleased to permit the petitioners to commence admissions in the Respondent No.4 College.

C. For ad -interim relief's in terms of prayer (C) above;

D. For costs.

E. pass such other/ further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

(2.)SHORT facts relevant for the purpose of deciding this petition can be summarized as under:
The Petitioners have passed the Standard XII examinations from different schools in Gujarat and are seeking admission to the Primary Teachers Course conducted by the Respondent 4 College. Respondent No.4 is an unaided college imparling the said PTC course. Respondent No.3 is the Committee which grants the admissions to the State Quota seats in the unaided PTC Colleges and seats in the Government Colleges. The said committee is constituted by the Respondents 1 and 2.

(3.)THE grievance of the petitioners is that they possess the prescribed eligibility qualification for admission to the PTC Course. The respondent committee issued an advertisement on 26.08.2011 inviting application from eligible candidate seeking admission to the PTC Courses. The Petitioners applied in response to the said advertisement. In the application form they indicated that they were desirous of seeking admission in the Respondent No.4 College. The Petitioners were called for interview on 10.09.2011 and during the course of interview where informed that though there were vacancies in the respondent no.4 college and no other student was seeking admission against the vacant seats, they could not be allotted in the Respondent No.4 College. The petitioners thereafter addressed a legal notice through their advocate and called upon the respondent committee to admit them against the said vacant seats. The petitioners have not received any response and therefore have approached this Court. The Learned Council for the petitioner has submitted that the admissions is being denied to the petitioner solely on the ground that petitioners have passed their board examination from the Uttar Buniyadi Stream in the XII standard and no seats have been allotted for students passing from the said board in the Respondent No.4 College. He has submitted that allocation of seats amongst students from different streams is to ensure that students who have cleared from different streams have an equal opportunity of seeking admission in all colleges. He submitted that when the seats are vacant and no other students is seeking admission against the vacant seat, admission cannot be denied on the said basis. He has referred to the rules of admission and relied upon Rule 5.6 and contended that the said rule specifically provides that if the seats earmarked for a particular category remain vacant the same can be filled up by admitting students from the other categories.
Per contra the learned Assistant Government Pleader appearing for the Respondents 1 to 3 has contended that seats have been earmarked for students who have cleared the XII examinations from the Uttar Buniyadi Stream in different PTC Colleges in accordance with Rule 6. The students who have cleared their examination from the said board are entitled to be considered for admission only against the said seats. The Petitioner can be admitted against the said seats, however the petitioners are insisting for admission in the Respondent No.4 college where no seats are earmarked for Uttar Buniyadi Students. As long as the said seats are vacant the students cannot seek admission in any other college although the seat in the said college is vacant and there is no student in any other category seeking admission against the said vacant seat. He has contended that Rule 5.6 would come into operation only after all seats earmarked for students under a particular category are exhausted and only thereafter the said students can seek admission against the vacant seats in other categories.