UTPAL KANT BALKRISHNA THAKUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE common questions of fact and law are involved in this batch of petitions, those were heard together and are being disposed of by this common judgment and order.

(2.) THE petitioners are all students, who have cleared the XII standard Board Examination which is a "Qualifying Examination" as defined U/s.2(H) of the Bachelor of Engineering and Technology (Regulation of Admission and Payment of Fees) Rules, 2013. From the materials on record, it appears that there are three sets of petitioners. The first set of petitioners are those who cleared their 12th Board Examination only after appearing in the supplementary examination conducted by the Board, as they were unable to clear in the first attempt. All such petitioners had appeared in the open entrance test, namely JEE GUJCET, as the case may be, when they appeared in the Standard 12 examination for the first time. The second set of petitioners are those who cleared the 12 Board examination in 2012, however, since the results were declared in July, they were considered for admission in the previous year, but had passed the GUJCET examination in 2012. The third set of petitioners are those who cleared 12 Board examination in the year 2012 and got themselves admitted in the course like Architecture, but thereafter discontinued on account of personal reasons, but had passed the GUJCET examination in the year 2012. However, one common feature which we have noticed is that each one had appeared in the open entrance examination immediately after appearing for the first time in the qualifying examination.

(3.) SUCH being the position, the petitioners have prayed for a writ of mandamus or any other writ, order or direction to the respondent no.2 Committee to consider them to be eligible for grant of admission by reading down Rule 5 (1)(vi) of the Rules and to hold that the said requirement of appearing in the Open Entrance Test would not be applicable in the cases of seats which have remained vacant. In the alternative they have prayed for a writ of mandamus or any other writ, order or direction to declare Rule 5(1)(vi) of the Bachelor of Engineering and Technology (Regulation of Admission and Payment of Fees) Rules, 2013 in so far as it prescribes the appearance in JEE as a condition of eligibility for admission to the Engineering and Technology courses as irrational, arbitrary and ultra vires the provisions of the Act and the Constitution of India. They have also prayed to quash and set aside the decision of the respondent no.2 Committee of disqualifying them for grant of admission to the Bachelor of Engineering courses in the academic year 2013 14.