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10.0 It is evident on plain reading of the rules that there is an aggregate system with regard to assessment of student of GTU. This grading system is mainly known as Semester Performance Index (SPI) wherein grade is given on basis of performance to the student in the respective semester having theory, internals and practical whereas Cumulative Performance Index (CPI) is average grade on the basis of the performance of all the semesters.

11.0 It is also evident that Cumulative Performance Index is considered only for the purpose of Eligibility for Admission as provided under Rule 5 of the Amendment Rules dated 07.05.2011. As far as the Preparation of Merit List is concerned the same is done as per Rule 12 of Diploma in Engineering Courses to Bachelor of Engineering and Technology Courses (Regulation of Admission and Payment of Fees) Rules, 2008 and further elaborately elucidated vide notification dated 05.08.2011. The petitioner claimed that the merit number ought to have been allotted to the petitioners on the basis of the Semester Performance Index system of the last two semesters as per notice dated 14.07.2011 which includes marks of theory, practical and internals. As far as the preparation of merit list is concerned, theory marks are only taken into consideration of last two semesters excluding the semester having project or training. The merit list for every University/ Board is prepared individually and therefore separate Merit Lists are prepared for students who have secured marks out of 70 as far as GTU is concerned and separately for those students who have secured marks out of 100. Therefore, there is no question of discrimination between the students of two different Universities when the merit lists are prepared separately. Since year 2005 merit list is prepared on the basis of theory marks obtained in the respective subject which were prescribed in the Admission Rules, 2008 which clearly stipulates that merit list shall be prepared only on the basis of the theory marks obtained by the candidate. It appears that till the year 2007-08, the entire admission process was done on the basis of Notification issued for the respective year but thereafter the State Government through Education Department has vide notification dated 19.07.2008 framed the Diploma in Engineering Courses to Bachelor of Engineering and Technology Courses (Regulation of Admission and Payment of Fees) Rules, 2008 (hereinafter referred to as "said Rules, 2008") wherein Rule 12 prescribed for Preparation of Merit List. The Gujarat Technology University (GTU) came into existence in the year 2008 and the first batch of students passed in the year 2011 and applied for Bachelor of Engineering and Technology Courses. As First batch of students were required to be included for their admission to Degree Courses as per Rules, 2008, the State Government through Education Department published Notification dated 07.05.2011 for including Gujarat Technical University in the said Rules, 2008 which is annexed as ANNEXURE R-I [Page 99 of petition]. The Notification dated 07.05.2011 provides for the Eligibility Criteria for admission in Rule 5. It is pertinent here to note that no change/ modification has been made/ done with respect to Rule 12 of Preparation of Merit List with regard to the candidates of Gujarat Technical University and those candidate/students who have passed through Gujarat Technical University were also governed by Rule 12 wherein the merit list was required to be prepared on the basis of theory marks obtained in the respective subjects. The advertisement came to be published for all the candidates including candidates of Gujarat Technical University for admission to Degree of Engineering and Technology Courses on 02.07.2011 calling for applications form respective candidates. The last date for submission and collection application was 17.07.2011. In certain cases, results were declared after 17.07.2011 and therefore, even to include those students whose results have been declared after 17.07.2011 and where eligible to apply for the Degree Course, the admission committee had once again published advertisement on 22.07.2011. Pursuant to advertisement issued on 02.07.2011, the Admission Committee had received applications from respective Colleges and University including Gujarat Technical University. As far as all other University and Colleges other than Gujarat Technical University, students were given marks whereas students of GTU were given grades. The Admission Committee published notice dated 14.07.2011 on its website with regard to the Gujarat Technical University wherein it was mentioned that the merit list shall be prepared on the basis of the Semester Performance Index but the Admission Committee was not aware of the fact that while calculating the Semester Performance Index, Gujarat Technical University would also include the marks of internal as well as practical and therefore, Admission Committee had thereafter called for theory marks only that were obtained by the students for Preparation of Merit List as per Rule 12 of the Rules, 2008. The Merit List dated 3.8.2011 is prepared on the basis of the theory marks obtained in the respective subject with regard to the students passing from Gujarat Technical University, notice was published on the website on 4.8.2011 of the Admission Committee which is annexed to the petition as Annexure H clarifying that Merit Marks is calculated on the basis of the Semester Theory Performance Index (STPI) obtained in the subjects of last two semesters and where either of last two semesters exclusively having project or training. STPI of last two semesters excluding the semesters having project or training have been considered for preparation of merit list. Students of Gujarat Technical University are governed by Rule 12 of Rules, 2008 for Preparation of Merit List and therefore the same is prepared only on the basis of the theory marks obtained in the respective subjects. If practical and internal marks are also included for the students of GTU then it would do great injustice to those bright students of GTU who have secured very good marks in their theory subjects and secured place in the merit list. Theory exams are conducted by the Board/ University and a common yard stick is used to evaluate all the students. As far as practical and internal marks are concerned, the same are given by the respective college/ institution and there is no proper mechanism by which it can be regulated and the same could be awarded on the whims of the teacher / professor. This is the basic rationale behind considering the theory marks only while preparing the merit list.