Gujarat High Court
Lakhani Kaushal Ashokbhai (Minor) vs State Of Gujarat & 2 on 24 February, 2015
Bench: Vijay Manohar Sahai, R.P.Dholaria
C/SCA/11367/2014 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11367 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR
SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
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1 Whether Reporters of Local Papers may be allowed to see
the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the
judgment ?
4 Whether this case involves a substantial question of law as
to the interpretation of the Constitution of India or any order
made thereunder ?
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LAKHANI KAUSHAL ASHOKBHAI (MINOR)....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR SUBRAMANIAM IYER, ADVOCATE for the Petitioner(s) No. 1
MR. UTKARSH SHARMA, AGP, for the Respondent(s) No. 1 , 3
NOTICE SERVED for the Respondent(s) No. 2
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C/SCA/11367/2014 JUDGMENT
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 24/02/2015
ORAL JUDGMENT
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI) We have heard learned advocate Mr. Subramaniam Iyer appearing for the petitioner and learned AGP Mr. Utkarsh Sharma for the respondents.
2. This petition has been filed by the petitioner on the ground that after passing his Class XII examination from the Board of Higher Secondary Education, Delhi, she appeared in common entrance test for admission to M.B.B.S./B.D.S. Courses run by the Government of Gujarat within the State of Gujarat. Notification issued by Health and Family Welfare Department dated 27.5.2014 which governs the Rules for admission to M.B.B.S./B.D.S. Courses through common entrance test has been filed by the petitioner as Annexure-H to the petition. It is relevant to extract below Clause 5(1)(A) and (B) of the Notification which provides for eligibility for admission:
"5. Eligibility for Admission - (1) For the purpose of admission, a candidate shall have -
(A) passed the qualifying examination with "B-
group" or "AB-group" from:
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(i) The Gujarat Board; or
(ii) The Central Board of Secondary Education
provided that the school in which the candidate has studied, should have been located in the State of Gujarat; or
(iii) The Council of Indian School Certificate Examinations Board, New Delhi, provided that the school in which the candidate has studied should have been located in the State of Gujarat; Provided that the candidate seeking admission in Ayurveda shall have passed either the qualifying examination or the 10th examination with Sanskrit subject, and (B) Appeared in the Gujarat Common Entrance Test conducted in the current academic year."
3. It is not disputed by the petitioner that she has passed Class XII examination from Shree Maruti Senior Secondary School at Rajkot and the Board which conducted the examination was the Board of Higher Secondary Education, Delhi. It is neither ISCE Board, nor CBSE nor Gujarat Board. It is another Board. Rules for admission to the combined entrance test recognize all three Boards as mentioned in Eligibility for Admission Rules 5(1) (A) and (B). It does not recognize the Board of Higher Secondary Education, Delhi or Bihar Education Board or U.P. Education Board and many other Boards which are recognized Boards of all over India. So for securing admission in Gujarat in Medical Colleges, a candidate has to pass examination from one of the three Boards as mentioned in eligibility admission criteria fixed by the Notification dated 27.5.2014. Admittedly, the petitioner has not passed Page 3 of 4 C/SCA/11367/2014 JUDGMENT examination from one of the three Boards as mentioned in the aforesaid Notification. Therefore, she was not eligible for admission to any Medical College nor was she entitled to appear in the common entrance test but under some mistake of the respondents, she was permitted to appear in the common entrance test.
4. For the aforesaid reasons, we do not find any merit in this petition. This petition fails and is dismissed accordingly. Notice is discharged. No costs.
(V.M.SAHAI, ACJ.) (R.P.DHOLARIA,J.) (pkn) Page 4 of 4