M. B. SHAH, J. ( 1 ) IT is the say of the petitioner that his daughter has passed the HSC examination from Maharashtra State Board of Secondary and Higher Secondary education Divisional Board, Bombay, with about 90% marks, yet she is denied the admission to the First Year of B. E. Course at L. D. Engineering College, Ahmedabad, on the ground that she had not taken Biology as one of the subjects in the Higher Secondary examination. The petitioner has, therefore, prayed that insistence on the part of the respondents for Biology as being one of the subjects for the purpose of admission in B. E. Course at L. D. Engineering College, Ahmedabad, is illegal, arbitrary and against the provisions of the Statute in Schedule III to the Gujarat University Act, 1949. It is prayed that (a) provisions contained in clauses (l) (a) and (l) (b) as well as other clauses of Part II of the Resolution Annexure "f" issued by the State Government on 3rd August 1992 is illegal, discriminatory and violative of Article 14 of the Constitution to the extent to which it provides Biology as one of the compulsory subjects in the qualifying examination of HSC or any examination equivalent thereto for getting admission to First year of Degree and Diploma in Engineering Courses being conducted by the colleges in the State of Gujarat affiliated with respondent No. 3 Gujarat University ( this point is not pressed at the time of hearing); (b) O. Engg. 1 (Ordinance Engineering 1) issued by the gujarat University be declared as illegal, arbitrary, discriminatory and violative of Article 14 of the Constitution of India to the extent to which it provides Biology as one of the compulsory subjects in the qualifying examination of HSC or any equivalent thereto for getting admission to First Year of Degree and Diploma in Engineering Courses being conducted by the Colleges affiliated with the Gujarat University. ( 2 ) IT is the say of petitioner that he has been posted at Ahmedabad as Income-tax commissioner and a necessity has arisen therefore for the petitioners daughter to pursue her further studies at Ahmedabad; when the petitioner was at Bombay, she studied at bombay; she passed her Std. X examination from Bombay which was conducted by the council for the Indian School Certificate Examinations and obtained 88. 5% in Science group; in Std. XI she obtained 88. X examination from Bombay which was conducted by the council for the Indian School Certificate Examinations and obtained 88. 5% in Science group; in Std. XI she obtained 88. 8% marks in Science group subjects. In Std. X examination she had opted for Biology as one of the subjects; thereafter in Std,. XI and xii she had opted for Optional subject of Electronics instead of Biology for passing her higher Secondary Certificate Examination since she was very much keen to go for electronics branch of Engineering; she thought that for going into Engineering branch biology is not at all relevant or necessary subject or in any case Electronics would be more relevant subject. It is his say that in Std. XII examination in Science group she has obtained marks as under: mathematics 94/100 physics 93/100 chemistry 87/100 electronics 191/200 thus, the total of marks obtained by the petitioners daughter in Science group of subjects in the Higher Secondary Certificate Examination comes to 93%. However, as the respondents are insisting that a student must have opted for Biology subject in the Higher secondary Certificate Examination, admission to her is denied in L. D. Engineering college, at Ahmedabad. It is, therefore, submitted that the respondents be directed to give admission to her in L. D. Engineering College at Ahmedabad as she has secured 90% of marks and as per the merit list she is entitled to get admission. ( 3 ) AT the time of hearing of this matter, the learned advocate for the petitioner raised the following contentions: (1) O. Engg. 1 is not in consonance with or it is beyond the scope of Statute 2 (2) (b) of the Gujarat University Act. The said statute provides that for admission to the First Year B. Sc. Class or the First Year B. E. Class a candidate should have passed the Higher Secondary School Certificate examination or its equivalent examination with science group of subjects. (2) O. Engg. The said statute provides that for admission to the First Year B. Sc. Class or the First Year B. E. Class a candidate should have passed the Higher Secondary School Certificate examination or its equivalent examination with science group of subjects. (2) O. Engg. 1 issued by the Gujarat University which prescribes Biology as compulsory subject for being eligible for getting admission to B. E. Degree course in Engineering is violative of Article 14 of the Constitution of India because- (a) there is no nexus between the provision and the alleged object sought to be achieved; (b) the provision is arbitrary because it has not taken into consideration all other relevant subjects of Science group; (c) in any set of circumstances as a matter of rule there should be different standard of eligibility for the students of the State of Gujarat and for students coming from outside Gujarat State because barring Gujarat university, for the students of the other Universities in the country subject of Biology is not required to be passed for getting admission in engineering course; therefore the ordinance treats dissimilar students equally and therefore, it is hit by Article 14; (3) Those students who nave not opted Biology as one of the subjects in Higher secondary School Examination are admitted in Engineering Courses at m. S. University, Baroda They are eligible to get admission and they can get themselves admitted at any Engineering College affiliated with Gujarat university after passing First Year Examination. Therefore, the insistence of the respondent No. 3 that for getting admission to L. D. Engineering college at Ahmedabad Biology is the essential subject is absolutely without any object or purpose. ( 4 ) FOR appreciating the first contention it would be necessary to refer to the relevant provisions of the Gujarat University Act, 1949. Section 15 of the Act inter alia provides various authorities of the University including (i) The Court, (ii) The Executive Council and (iii) The Academic Council. Section 16 provides for the membership of the Court. It is a wider body. Section 18 provides the powers and duties of the Court. Section 19 of the act provides who shall be the members of the Executive Council. Section 20 provides for the powers and duties of the Executive Council. Thereafter section 21 provides for constitution of the Academic Council i. e. a smaller body than Executive Council. It is a wider body. Section 18 provides the powers and duties of the Court. Section 19 of the act provides who shall be the members of the Executive Council. Section 20 provides for the powers and duties of the Executive Council. Thereafter section 21 provides for constitution of the Academic Council i. e. a smaller body than Executive Council. Section 22 provides for the powers and duties of the Academic Council. Section 22 (1) provides that the Academic Council shall have the control and general regulation of, and be responsible for, the maintenance of the standards of teaching and examinations with the university Sub-section (2) provides for various powers and duties of the Academic council. Section 29 provides that the statutes may be made by the Court or may be amended, repealed, or added to by Statutes made by the Court in the manner provided therein. Section 23 provides that the Statutes may provide for all or any of the matters mentioned in clauses (i) to (x) of the section. Section 28 (x) provides that the Statutes may provide for all matters by the Act are to be or may be prescribed by the Statutes. Under section 29 (1b) Statutes of the University are framed which prescribe qualification for enrolment as students of the University For our purposes relevant statute is Statute 2 (2) (b) which reads as under:"2 (2) (B) For admission to the First Year B. Sc. Class or the First Year B. E. Class or First Year B. Pharm. Class, a candidate shall have passed the Higher secondary School Certificate Examination, with science group of subjects. conducted by the Gujarat Secondary Education Board or an examination considered by the University or equivalent thereto. "further, section 30 of the act provides that the executive Council may make Ordinances to provide for all or any of the matters mentioned in clauses (i) to (xi) of the said section. Clause (i) thereof reads as under" (I) conditions under which students shall be admitted to courses of studies for degrees, diplomas and other academic distinctions;"this means that the Executive Council of the University is entitled to make Ordinances which provide conditions under which students are required to be admitted to courses of studies for degrees, diplomas and other academic distinctions. O. Engg 1 is framed by the executive Council under this authority. O. Engg 1 is framed by the executive Council under this authority. Further, section 31 of the said act reads as under. "31 (1) Ordinances shall be made by the Executive council: provided that no Ordinance concerning the matters referred to in clauses (i), (iii), (iv) and (vi) of section 30 or any other matter connected with the maintenance of the standards of teaching and examinations within the university shall be made unless a draft of the same has been proposed by the academic Council. (2) The Executive Council shall not have power to amend any draft proposed by the Academic Council under sub-section (1) but may reject it or return it to the Academic Council for reconsideration, either in whole or in part, together with any amendments which the Executive Council may suggest. (3) All Ordinances made by the Executive Council shall, except as provided by this Act, have effect from such date as it may direct but every Ordinance so made shall be laid before the Court and shall be considered by the Court at its next succeeding meeting. (4) The Court shall have power by a resolution to cancel or to refer back but not to amend any such Ordinance. The resolution cancelling any such ordinance shall be passed by a majority of not less than two-thirds of the members present at such meeting, the majority comprising not less than one-half of the members of the Court. (5) The Vice-Chancellor shall, on the application of not less than one third of the members of the court, suspend the operation of any such Ordinance until the Court has considered it as provided in sub-section (3 ). "from the aforesaid provisions of the Gujarat University Act it is clear that the Executive council has power to make Ordinance which provides the conditions under which students shall be admitted to courses of studies for degrees, diplomas and other academic distinctions. That Ordinance is required to be proposed by the Academic Council of the university ( Section 31 (1) proviso ). All Ordinances made by the Executive Council are required to be placed before the Court and are required to be considered by the court at its next succeeding meeting. The Court has power to cancel or refer back the Ordinances made by the executive Council by passing a resolution. All Ordinances made by the Executive Council are required to be placed before the Court and are required to be considered by the court at its next succeeding meeting. The Court has power to cancel or refer back the Ordinances made by the executive Council by passing a resolution. Even the Vice Chancellor is entitled to suspend the said resolution if there is application by one-third of the members of the Court to that effect till the Court considers the said resolution. In view of the aforesaid clear provisions of the Act it would be difficult to say that O. Engg. 1 is beyond the scope of Statute 2 (2) (b) framed under section 29 (1b) of the ACL As such the ordinance made by the Executive Council is required to be approved by the Court under section 31 (4) of the Act. By exercising power under section 30 (1) the Executive Council has framed Ordinances. Annexure "c". O. Engg. 1 reads as under "o. Engg. 1: (a) A candidate for the Degree of Bachelor of Engineering must produce a certificate showing that he has passed the H. S. C. Examination conducted by the Gujarat Secondary Education Board in Science stream with Physics, chemistry, Mathematics, and Biology subjects or any Examination recognised as equivalent thereto with same subjects i. e. Physics, Chemistry, mathematics and Biology. Such a candidate will be admitted to the B. E. I year (Annual pattern) of the four Year Degree Course in Engineering, xx xx xx xx xx xx xx" therefore, by exercise of powers under section 30 (0 the Executive Council has prescribed the conditions for giving admission to the Engineering courses. Further, section 29 (1b) provides that Statutes in Schedule III shall, on the commencement of Gujarat University ( Second Amendment) Act, 1978, be deemed to be statutes, providing for the qualifications for enrolments as the students of the University, under section 42 of the Act. The said Schedule III provides various qualifications for enrolment of the students (2) (a) for admission to the First Year B. A. Class, (b) for admission to the First Year B. Sc. Class or the First Year B. E. Class or First Year B. Pharm. Class, (c) for admission to the First Year B. Com. The said Schedule III provides various qualifications for enrolment of the students (2) (a) for admission to the First Year B. A. Class, (b) for admission to the First Year B. Sc. Class or the First Year B. E. Class or First Year B. Pharm. Class, (c) for admission to the First Year B. Com. Class, (d) for admission to the first M. B. B. S. Class or the First B. D. S. Class and other diploma courses as provided in sub-clause (3 ). Under this Statute general eligibility criteria for admission to various courses is prescribed. With regard to First Year B. Sc. Class or the First Year B. E. Class or the First Year B. Pharm. Class it is provided that the candidate should have passed the higher Secondary School Certificate Examination, with science group of subjects. The phrase "with science group of subjects " is a general term because science group of subjects would include various Science subjects. By the Ordinance the said science group of subjects are restricted to four science subjects, namely, Physics, Chemistry, mathematics and Biology. Therefore, it cannot be said that there is any inconsistency between the Statute 2 (2) (b) and O. Engg. 1. On the contrary, O. Engg. 1 is supplementary to Statute 2 (2) (b ). It specifies the science group of subjects which are required to be passed by the candidate for getting admission to the Engineering courses. In any case the ordinance Engineering 1 is required to be proposed by the Academic Council as provided in section 31 (1) of the ACL On the proposal of the Academic Council the Executive council has to pass il Not only this, but the Ordinances made by the Executive Council are required to be laid before the Court for its consideration. Under sub-section (4) the court has power to cancel or refer back the said resolution. Therefore. O. Engg 1 framed by the Executive Council would have some statutory force as Statute 2 (2) (b) made by the court. Hence it cannot be said that O. Engg 1 is beyond the scope of Statute 2 (2) (b) of schedule III of the Statutes of the University. As stated earlier, O. Engg. 1 is supplementary to Statute 2 (2) (b ). Hence, there is no substance in the first contention raised by the learned advocate for the petitioner. Hence it cannot be said that O. Engg 1 is beyond the scope of Statute 2 (2) (b) of schedule III of the Statutes of the University. As stated earlier, O. Engg. 1 is supplementary to Statute 2 (2) (b ). Hence, there is no substance in the first contention raised by the learned advocate for the petitioner. Further, this aspect is dealt with by this Court in number of other cases. For this purpose the learned advocate for the respondents relied upon the decision of this Court in special Civil application No. 3896 of 1982 decided on 7th October 1982 by A. M. Ahmadi j. (as he then was ) to contend that this question is considered by this Court. In that case the petitioner passed the All India Senior School Certificate Examination held by the central Board of Secondary Education in 1982. Though he had passed the examination, he had failed in the subject of Biology. The court held that he was not eligible to get admission. The relevant discussion is as under "statute 2 (2) (b) in Schedule III to the Act, however, provides that for admission to the First Year B. Sc. Class or the First Year B. E. Class or First year B. Pharm. Class, a candidate shall have to pass the Higher Secondary school Certificate Examination, Science group of subjects, conducted by the gujarat Secondary Education Board or an examination considered by the university as equivalent thereto. Therefore, students who have passed the higher Secondary Certificate Examination can secure admission to the First year B. E. Course only if they have passed the said examination with Science group of subjects. Science group of subjects includes Biology. Therefore, a student who has passed the Higher Secondary Certificate examination conducted by the Board in Gujarat without Biology as one of the subjects would not be eligible for admission to the Engineering course. As against that, if the submission of Mr. Zaveri is accepted, a student who has passed the All india Senior School Certificate Examination conducted by the Central Board of secondary Education without Biology as one of the subjects could be entitled to admission to the engineering course. Now this question appears to have raised its head sometime in 1979. If we turn to the affidavit-in-reply filed by mr. Zaveri is accepted, a student who has passed the All india Senior School Certificate Examination conducted by the Central Board of secondary Education without Biology as one of the subjects could be entitled to admission to the engineering course. Now this question appears to have raised its head sometime in 1979. If we turn to the affidavit-in-reply filed by mr. Shastri, the acting Registrar of the University, we find a reference to a letter dated 4th January 1979 addressed by the Admission Committee of L. D. Engineering College raising the question whether students having passed the senior School Certificate Examination without Biology as one of the subjects would be eligible for admission to the First Year B. E. Class. On receipt of this letter, the standing Committee on equivalence of examinations presided over by the Ex-Vice Chancellor Dr. P. C. Vaidya and comprising eight other members examined this question at its meeting held on 15th June 1979 and opined that a student who had passed the Examination without Biology as one of the subjects could not be considered eligible for admission to the professional Courses, such as, Medicine, Pharmacy and Engineering courses so far as the colleges affiliated to the Gujarat University were concerned. This recommendation of the standing Committee was placed before the Academic council at its meeting held on 30th July 1979. The Academic Council consisting of 32 members deliberated on the question of equivalence and approved the recommendation of the Standing Committee. In view of this decision of the Academic Council it is obvious that a student who has passed the All India Senior School Certificate Examination without Biology as one of his subjects is not eligible for admission to the First Year B. E. course. " the aforesaid decision is followed subsequently by this Court in Special Civil application no. 5070 of 1984 decided on 9th October 1984 and in Special Civil Application No. 1891 of 1990 decided on 18th April 1991. ( 5 ) NOW, we will deal with the second contention that O. Engg. 1 is violative of article 14 of the Constitution. Before discussing this contention it would be necessary to emphasise that for the purposes of maintaining the standards the University can lay down certain minimum qualifications for eligibility for the entrance in different Faculties of the university. ( 5 ) NOW, we will deal with the second contention that O. Engg. 1 is violative of article 14 of the Constitution. Before discussing this contention it would be necessary to emphasise that for the purposes of maintaining the standards the University can lay down certain minimum qualifications for eligibility for the entrance in different Faculties of the university. For this purpose Ordinances or Regulations can be made under the act laying down the minimum qualifications required for the eligibility In our view, that has been done under the provisions of the Gujarat University Act firstly by providing Statute 2 in schedule III of the Statutes of the University. Statute 2 (2) (b) prescribes the minimum qualifications that the candidate shall have passed Higher Secondary School Certificate examination with science group of subjects. Thereafter under O. Engg. 1 it is provided that which would be the science group of subjects for getting admission to engineering courses. That Ordinance itself states that any reference to the Degree of Bachelor of engineering or to the Examination in Engineering will be deemed to pertain to the following courses: degree of Bachelor of Engineering in: (i) Civil Engineering (ii) Mechanical Engineering (iii) Electrical Engineering (iv) Chemical Engineering (v) Electronics and Communication (vi) Instrumentation and Control (vii) Textile Technology (viii) Computer Engineering (ix) Environmental Engineering (x) Plastic Technology (xi) Rubber Technology. Keeping the aforesaid Degree Courses in mind, if the Executive Council of the University has framed Ordinance that for getting admission to B. E. First Year course of Four years degree Course in Engineering, a candidate should have passed the H. S. C. Examination with Physics, Chemistry, Mathematics, and biology, then it could not be said that the said condition is arbitrary or illegal. This Court would have no jurisdiction to hold that even though biology is a relevant science subject, yet the subject of Electronics should also be included in that group of subjects. Further, it cannot be held that laying down the requirement of passing the H. S. C. Examination with Biology subject would be in any way arbitrary or discriminatory. If the University has laid down its policy, it is not the function of this Court to declare it ultra vires on certain alleged drawbacks in the policy by holding that it is not a wise or prudent policy. If the University has laid down its policy, it is not the function of this Court to declare it ultra vires on certain alleged drawbacks in the policy by holding that it is not a wise or prudent policy. The Court cannot declare that the provision made in the Ordinance is unreasonable because other subjects are also Science group subjects which could have been included in the Ordinance. Nor is it the function of this court to direct the University to provide for other alternative subjects in the Science group of subjects so that candidates from the other states can be admitted to the Engineering courses. To meet with this contention, raised by the petitioner, in the affidavit-in-reply filed by the Deen, Faculty of Engineering, Gujarat University, it has been pointed out that the academic Body and the Executive Council of the University consist of Deans of all faculties and other academicians. The Academic Body and the Executive Council have come to the conclusion that only those students who nave undertaken studies with mathematics, Biology, Chemistry and Physics are eligible for admission to the Degree of bachelor of Engineering course. It is also pointed out that in Natural Sciences the study of subjects such as Chemistry, Physics, Biology, Mathematics, etc, is required by a student for entering in any professional Science or engineering course to have a better understanding and preparedness to undergo these courses. The subject of Biology is considered as one of the course subjects by the academic bodies of the University for giving admission for Engineering or other professional courses. Since 1979 the Gujarat university vide O. Engg. 1 (a) has provided for eligibility to Degree Engineering admission the requirement of passing H. S. C. Science stream with Physics, Chemistry, Mathematics and Biology of Gujarat Secondary Education Board or any examination recognised as equivalent thereto with the same subjects. It is also pointed out that without any exception the Gujarat University after serious deliberations has included Biology subject along with physics, Chemistry and Mathematics as eligibility requirement. For the engineering subjects also elementary knowledge of Biology is required. Development, repair and maintenance of modern computerised medical instruments, artificial limbs, etc. require background of Biology subject, atleast upto Tweiveth Standard, for the Engineering graduates. Further, Affidavit-in-reply is filed by the Principal of L. D. Engineering college, Ahmedabad. For the engineering subjects also elementary knowledge of Biology is required. Development, repair and maintenance of modern computerised medical instruments, artificial limbs, etc. require background of Biology subject, atleast upto Tweiveth Standard, for the Engineering graduates. Further, Affidavit-in-reply is filed by the Principal of L. D. Engineering college, Ahmedabad. In that affidavit it is stated that Biology is a very relevaant subject for environmental and ecological engineering; for under-graduate students of Civil engineering and Public Health Engineering study of Biology has a lot of bearing on the said disciplines and even in respect of pollution control awareness of biological aspects by engineers is necessary. It has been also pointed out that the subject of Biology has bearing and nexus with various faculties of Engineering; the said subject is included after a great deal of deliberation and thinking on the part of the authorities and looking to the growing concern and need that the subject of Biology is considered necessary in modern engineering technological process. While dealing with the similar contention in the case of Rajendra Prasad vs. Karnataka University, A. I. R. 1986 Supreme Court 1448, the Court observed that the condition of eligibility laid down by the Karnataka University requires that the students seeking admission should have passed the two year Pre-University Examination of the pre-University Education Board, Bangalore or an examination held by any other Board or university recognised as equivalent to it. The equivalence has to be decided by the karnataka University and it is not a matter of objective assessment or evaluation by the court. It is for each University to decide the question of equivalence of an examination held by any other Board or University with the examination which primarily constitutes the basis of eligibility. The University is best fitted to decide whether any examination held by a University outside the Slate is equivalent to an examination held within the state having regard to the courses, the syllabus, the quality of teaching or instruction and the standard of examination. It is an academic question in which the Court should not disturb the decision taken by the University. Considering the aforesaid settled law, it would be difficult to say that instead of biology subject the University ought to have included other subjects such as Electronics in the group of science subjects for giving admission to engineering courses. This Court cannot devise its own criteria for admission. Considering the aforesaid settled law, it would be difficult to say that instead of biology subject the University ought to have included other subjects such as Electronics in the group of science subjects for giving admission to engineering courses. This Court cannot devise its own criteria for admission. It has also no authority to relax the rules or rewrite them. It is for the Executive Council or the authorities under the University Act to decide which subject would be relevant for being eligible to get admission in Engineering courses and it is not for the Court to consider the relevancy of the Biology subject for giving admission to Engineering courses. However, it was contended by the learned advocate for the petitioner that there is no nexus between the provision of Biology subject as one of the necessary subjects for giving admission to Engineering courses and the object which is sought to be achieved by the University. It is his contention that barring the Gujarat University no other University in the country has provided that for getting admission to the Engineering courses a candidate must have passed Science group of subjects with Biology as one subject. In our view, whether other Universities have provided for Biology as an essential subject in the h. S. C. Examination with Science subjects cannot be investigated in this petition. It is for each University to provide rules and eligibility criteria. Nor can it be said that for giving admission to Engineering courses requirement of Biology subject is in any way arbitrary one. It is admittedly a Science group subject. Which Science group subject should be included for giving admission to Engineering courses is to be decided by the University and the experts in the academic fields. Considering the Affidavit-in-reply it clearly appears that the subject of Biology has bearing with the various Faculties of Engineering. It is admittedly a Science group subject. Which Science group subject should be included for giving admission to Engineering courses is to be decided by the University and the experts in the academic fields. Considering the Affidavit-in-reply it clearly appears that the subject of Biology has bearing with the various Faculties of Engineering. ( 6 ) THE learned advocate for the petitioner further contended that the students of the gujarat University and the students of the Gujarat State and the students coming from the other States are treated alike and, therefore, it is hit by Article 14 because dissimilar classes are treated alike, For this purpose the learned advocate for the petitioner relied upon the decision of the Supreme Court in the case of State of Rajasthan vs. Ashok Kumar a. I. R. 1989 Supreme Court 177, wherein the Court has observed that what may appear" to be equal treatment accorded in obeisence to the equality doctrine embodied in Article 14 of the Constitution in its application in "reality" may result in denial of equality and may accordingly be liable to be condemned for defying the equality doctrine. For this proposition in the abstract there cannot be any doubt. It is required to be accepted. In that case, after considering the facts the Court observed as under,"this factor coupled with the four factors highlighted earlier leave no room for doubt that while on the face of it the impugned rule appears to extend or accord equal treatment of 5% weightage to the students of each of the five Medical colleges, in actual operation it brings about oppressive and onoxiously in equality. Once the veil of apparent equality is pierced, the ugly inequality stares one in the eyes which are opened to the offensive reality. Such being the position the constitutional validity of the impugned rule cannot be sustained. It has to be buried unceremoniously as unconstitutional being violati ve of Art. 14 of the Constitution of India. "the Court struck down the rule of 5% weightage. After considering the facts and circumstances of the case. Therefore, the ratio laid down in the aforesaid case would have no bearing in the present case. In the present case it would be difficult to arrive at the conclusion that in reality the Ordinance results in denial of equality. "the Court struck down the rule of 5% weightage. After considering the facts and circumstances of the case. Therefore, the ratio laid down in the aforesaid case would have no bearing in the present case. In the present case it would be difficult to arrive at the conclusion that in reality the Ordinance results in denial of equality. On the contrary the ordinance specifically provides that all students who have passed the H. S. C. Examination in Science stream with Physics, Chemistry, Mathematics and Biology subjects are eligible to get admission for Engineering course. That mean all students of the entire country are treated equally. The rule is applied firmly. It is not the case of the petitioner that the schools in the other States do not provide for teaching of the subject of Biology. May be, in some Slates students are having option not to keep Biology in Science group of subjects and to keep other subjects such as Electronics, etc. , hit that would hardly be a ground for holding that for the students from other States are treated unequally or unequals are treated alike. Further, the Division Bench of this Court in the case of Prashant vs. Gujarat university, 31 (2) G. L. R. 1066, has dealt with similar challenge to rule 5. 1 of the Rules governing admissions to post- graduate degree and diploma medical courses other than M. Ch. and D. M. at the affiliated Medical Colleges. Rule 5. 1 provides for preparation of merit list on the basis of addition of certain marks. It inter alia provided for addition of marks on the basis of marks obtained by the candidate in the HSC examination in the subjects of physics, Chemistry, Biology and Mathematics, all theory only. It was contended that subjects like Physics and Mathematics, which a student is required to pass at the HSC examination, if wants to join the Science stream, could have no relevance at all for medical students at the post-graduate level. It was also urged that as compared to m. B. B. S. examination, HSC examination must be regarded as a general examination and therefore also it cannot provide a good basis tor judging the suitability of a candidate for post-graduate studies. It was also urged that as compared to m. B. B. S. examination, HSC examination must be regarded as a general examination and therefore also it cannot provide a good basis tor judging the suitability of a candidate for post-graduate studies. It was also contended that there can be students who have passed hsc examination without Physics or Mathematics as their subjects and that the said rule will become unworkable qua them. A further contention was raised that no other university has thought it fit to make such a provision in the Rules for admission to postgraduate medical courses. The Court negatived the said contention by holding that the study of the subjects at HSC level cannot be regarded as too general and that some of the subjects taught at that stage have no direct relevance with the post-graduate medical course. It also held that merely because no other University has so far thought it fit to make such a provision, can hardly be regarded as a good ground for invalidating that rule. The Gujarat University has done so with a view to achieve the object of securing admission to the post-graduate medical courses to the best talents and to improve the standard. It has done so after getting the whole question examined by an Expert committee. ( 7 ) THE learned advocate for the petitioner further submitted that by making the aforesaid provision in O. Engg. 1 the University has provided for 100% reservation to the engineering College students of the Gujarat University by back-door method. In our view, this submission requires to be rejected because any student who has kept the science stream subjects of Physics, Chemistry, Mathematics and Biology in H. S. C. Examination or its equivalent, is eligible to get admission in Engineering College. It is not the case of the petitioner that no other University 0r H. S. C. Examination Board provides biology as a Science stream subject or no student has opted for Biology in other States. In this view of the mater, in our view, there is no substance in the contention of the learned advocate for the petitioner that O. Engg. 1 is illegal, arbitrary, discriminatory or irrational. In this view of the mater, in our view, there is no substance in the contention of the learned advocate for the petitioner that O. Engg. 1 is illegal, arbitrary, discriminatory or irrational. ( 8 ) LASTLY, the learned advocate for the petitioner submitted that University should be directed to consider the petitioners case as a special case under Regulation 13 framed under section 21 (1) of the Act which reads as under:"in special cases, the Academic Council shall have power, on the recommendation of the Standing Committee or equivalence of examinations to grant recognition to examinations of other Universities and examining bodies on the merits of each individual case. "he submitted that the petitioner is a Central Government employee, he was in service at bombay; at present he is transferred at Ahmedabad as Commissioner of Income-tax; while he was at Bombay, his daughter opted for Electronics subject as an alternative subject to Biology for pursuing her further studies in Electronic Engineering without realising the circumstance that he may be transferred to Ahmedabad and that as per the gujarat University Rules she would not be admitted to Engineering course. He relied upon the observations of the Supreme Court in the case of Suneeta vs. State of maharashtra, A. I. R. 1986 Supreme Court 1552, wherein the Court has observed that a large number of Central Government servants are transferred from one State to another. They are sent on deputation or appointed to various posts in public sector undertakings and Government Companies. Their children, therefore, must of necessity often be educated in different States. It cannot be that those who serve the Central Government should be rewarded by placing obstacles in the way of the educational careers of their children. Relying on these observations the learned advocate Mr. Trivedi submitted that the University be directed to consider the case of the petitioner as a special case and, if found eligible, she may be given admission by relaxing the condition of O. Engg 1. At-present, in our view, it would be difficult for us to arrive at the conclusion that the aforesaid regulation would be applicable or that the University has power to relax that condition provided in O. Engg 1. Still however, if the petitioner files an appropriate representation, the Vice-Chancellor of respondent No. 3 - Gujarat University is directed to decide in accordance with the Statutes and Ordinances. Still however, if the petitioner files an appropriate representation, the Vice-Chancellor of respondent No. 3 - Gujarat University is directed to decide in accordance with the Statutes and Ordinances. We hope that, if there is any power to relax the condition provided in O. Engg 1, the Vice-Chancellor would take necessary steps. In the result, this petition is rejected with the aforesaid direction. Rule discharged with no order as to costs. .