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SCA/9955/2010 3/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9955 of 2010
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PANDIT
KRUSHNABEN JAGDEEPBHAI - Petitioner(s)
Versus
MEMBER
SECRETARY JOINT COMMITTEE FOR ADMISSION - Respondent(s)
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Appearance :
PARTY-IN-PERSON
for Petitioner(s) : 1,
MR PK JANI, GOVT. PLEADER with MS KRINA P
CALLA, AGP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 11/10/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
writ petition has been preferred by the petitioner for a direction on
the respondent to admit her in Bio Medical Instrumentation &
Control Engineering. Her grievance was that though she has passed
the Graduate Aptitude Test for Engineering (hereinafter referred to
as the GATE ), but she has not been preferred nor admitted. But
the persons who have passed Common Entrance Test 2010
(hereinafter referred to as the CET-2010 ) have been preferred
and admitted.
2. The
petitioner, a young girl aged 26 years, has appeared and addressed
the Court in person. She relied on the Professional Post-graduate
Courses (Regulation of Admission and Payment of Fees) (Amendment)
Rules, 2010 (hereinafter referred to as the said Rules )
published by the State Government on 17.7.2010. At item No. 13 on
Appendix I, Bio medical Instrumentation has been shown to be a
course/specialization for the discipline Bio medical Engineering
for which B.E./B.Tech. in Bio medical Engineering or Bio medical and
Instrumentation Engineering or Instrumentation & Control
Engineering or equivalent qualification have been prescribed. The
petitioner, being B.E. in Bio medical Engineering thus claims to be
eligible for admission in M.E. Bio medical Instrumentation
course/specialization.
3. Mr
PK Jani, learned Government Pleader appearing alongwith Ms Krina P
Calla, learned AGP on behalf of the respondent referred to Rule 5(a)
of the said Rules and submitted that the person must be qualified in
GATE examination and must have obtained the minimum qualifying marks.
He referred to the GATE 2010 result of the petitioner, wherein 25%
is the minimum qualifying marks shown for general category and it is
informed that the petitioner only obtained 15.33 marks in the GATE
examination. Therefore, according to the respondent, the petitioner,
having not obtained the minimum qualifying marks in the GATE 2010
examination, is not qualified as per Rule 5(a) of the said Rules.
4. Per
contra, according to the petitioner, 25% marks shown in her result
(GATE 2010 Scorecard) is for availing assistantship governed by the
Ministry of Human Resource Department, Government of India.
According to her, 25% qualifying marks is not for passing GATE
examination. The petitioner passed the GATE examination and having
her rank shown at Sr. No. 3498, she is entitled for preference over
those who have passed CET – 2010 examination.
5. From
the advertisement published by the Admission Committee for
Professional Courses (Technical), Ahmedabad, for admission in the 1st
year Post Graduate Engineering/Technology (M.E./M.Tech.) Courses :
Academic year 2010-11, it appears that only after admitting GATE/GPAT
qualified candidates, the vacant seats shall be filled as per merit
secured in CET 2010, as evident from Clause 3 of the said
advertisement as quoted hereunder :-
3. After
admitting GATE/GPAT qualified candidates having valid GATE/GPAT
marks, the vacant seats, if any will be filled as per merit secured
in CET 2010.
6. In this
background, the counsel for the State and its Admission Committee
were directed to obtain instructions from the Organizing Chairperson,
GATE 2010, Indian Institute of Technology, Guwahati, which had
conducted the GATE 2010 examination, as to what is the minimum
qualifying marks prescribed for passing GATE 2010 examination. It
was asked to specifically clarify whether the qualifying marks of 25%
as shown in the scorecard is the qualifying marks for admission or is
the qualifying marks for availing assistantship governed by the
Ministry of Human Resource Department, Government of India. It was
specifically asked that if 25% marks is the qualifying marks for
admission as shown in the scorecard, then it will enclose the
guideline on the basis of which such marks have been prescribed in
the scorecard.
7. In the
meantime, as a prima facie case having made by the petitioner, by
interim order she has been admitted in M.E. (Bio medical Engineering)
course.
8. The
Chairman, GATE-2011, Indian Institute of Technology, Guwahati, by
e-mail has forwarded the opinion to the Member Secretary, Admission
Committee, Gujarat which reads as follows :-
Oct
5, 2010
To,
Member
Secretary
ACPC,
Gujarat.
Ref
: No. ACPC/ME/2010/163 dated 1/10/2010
Dear
Sir/Madam,
1. What
are minimum qualifying marks prescribed for passing GATE ?
In
GATE 2010 there is no concept of passing or failing in the
examination. Every candidate taking the GATE 2010 examination will
get a score and scorecard.
2. Whether
qualifying marks of 25% as shown in scorecard is for admission for
availing assistantship only ?
Yes,
precisely. This is for general category and other categories have
concession as per GOI rules.
3. What
the minimum marks that make candidate to be eligible as a GATE
qualified candidate ?
There
is nothing like qualified or non-qualified. It is like a GRE exam of
USA where every person taking GATE 2010 exam will get a scorecard
according to her/his performance.
Min
of 25% is kept as qualifying mark only to avail assistantship.
Final
Comment :
The
eligibility criteria for admitting candidates to PG course lies with
the admitting body or the institute. Please refer to GATE 2010
Information Brochure or GATA 2010 Website. In page 5 of 44 GATE 2010
information brochure, under section 2 we have clearly mentioned that
GATE committee is not responsible for giving any guidelines in this
regard.
Sincerely,
prasanna
Dr.
S.R.M. Prasanna
Chairman,
GATE 2011
Indian
Institute of Technology Guwahati
Guwahati
0 781 039
ASSAM,
INDIA.
9. From
the GATE 2010 Scorecard of the petitioner, we find the qualifying
mark that has been shown which reads as follows :-
General
(GN) OBC SC/ST/PD
Qualifying
mark* : 25.00 22.50 16.67
*
A candidate is considered
eligible for availing assistantship governed by MHRD, GOF if the
marks secured are more than or equal to the qualifying mark in the
category under which the candidate seek admission.
The
responsibility of determining the category of the candidate for
admission and assistantship eligibility lies with the admitting
institute.
From
the explanation below the qualifying mark, it will be evident that
the qualifying marks prescribed therein is meant for availing
assistantship governed by the Ministry of Human Resource Department,
Government of India and it does not prescribe any qualifying marks
for clearing GATE examination.
10. From the
clarification given by the Chairman, GATE 2011 by e-mail dated
5.10.2010 also, it will be evident that there is no minimum
qualifying marks prescribed for any GATE examination. The qualifying
mark of 25% as shown in the scorecard is for general and other
categories shown as per the Government of India Rules i.e. for grant
of assistantship. In view of the aforesaid clarification and the
explanation as shown below the qualifying marks shown in the GATE
2010 Scorecard, we hold that the respondent cannot deprive the
petitioner from admitting in M.E./M.Tech. Engineering course in the
subject concerned on the ground that she has not obtained 25% in the
GATE examination.
Further, in
view of Clause 3 of the advertisement notice published by the
Admission Committee for Professional Courses (Technical), Ahmedabad
as quoted hereinabove, we further hold that the petitioner having
ranked at 3498 in the GATE examination, ought to have been preferred
over those who have qualified in the CET 2010 examination. The
respondent having admitted students in the M.E/M.Tech. in Bio medical
Engineering Course out of the candidates who have passed CET 2010
examination, it was incumbent on them to admit the petitioner prior
to their admission.
11. The
petitioner having passed B.E. (Bio medical & Instrumentation
Engineering), as per the prospectus of the respondent and the
advertisement, she was eligible for the admission in M.E./M.Tech. in
Bio medical Engineering Course. Thus, the provisional admission
given to the petitioner by the respondent pursuant to the order of
this Court is made absolute. The respondent is directed to allow
the petitioner to continue in M.E. in Bio medical Engineering course
2010-11 and also allow her to
appear in the forthcoming examination.
12. The writ
petition is allowed with the aforesaid observations and directions.
No costs.
Direct Service
is permitted.
[S.J.
MUKHOPADHAYA, CJ.]
[ANANT
S. DAVE, J.]
sundar/-
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