K. A. PUJ, J. ( 1 ) THE following petitions are filed under Art. 226 of the Constitution of India, challenging the decision of the respondent-authorities to make sudden changes in the admission criteria of P. T. C. Courses for the Academic Year 2003-2004. 2054. htm ( 2 ) THE First Group of Special Civil Applications is filed by those petitioners under Art. 226 of the Constitution of India, who are aggrieved by the legality, validity and propriety of the Govt. Resolution dated 7-3-2003 and/or 3-7-2003 passed by the respondent No. l i. e. Secretary, Education Department, Gujarat Government, Gandhinagar, whereby 15 marks are to be deducted from the total marks of the candidates who have passed with or without any attempt, requisite secondary school examination in earlier years, while considering and preparing the merit list for admission in Primary Teachers Certificate (P. T. C.) Course in the present year. ( 3 ) IT is the case of the petitioners that the said Resolutions are passed without any authority and against the statutory provisions and without following any procedure, the respondent No. l has tried to amend and rescind the statutory rules, and thereby, taken such an arbitrary and discriminatory decision which is violative of Art. 14 of the Constitution of India. It is the case of the petitioners that they have passed their Higher Secondary School Certificate Examinations conducted by the Gujarat Secondary Education Board in certain years, either with or without any attempt. Most of the petitioners have cleared their examination in the last academic year, and some of them have passed the same a year before the last academic year. All the petitioners have cleared the said examination with First Class Marks and some of them have cleared the said examination with distinction. ( 4 ) IT is further stated that in view of the said educational qualification, the petitioners became eligible for admission in Primary Teachers Certificate Course which is requisite course for being considered for appointment on the post of the Teachers in Primary Schools. ( 5 ) IN the second group of petitions, like Spl. C. A. No. 9813 of 2003 the case of the petitioners is that they are the students of Vocational Stream and all of them have undergone study of Vocational Stream in both 11th and 12th Standard. ( 5 ) IN the second group of petitions, like Spl. C. A. No. 9813 of 2003 the case of the petitioners is that they are the students of Vocational Stream and all of them have undergone study of Vocational Stream in both 11th and 12th Standard. All of them have passed Standard 12th examination in the Vocational Stream at the first trial and have acquired very high percentage of marks, and therefore, as per the earlier norms, they are eligible for the admission to P. T. C. Course. It is submitted that till now, the petitioners were considered to be eligible for admission to the P. T. C. Course and as per the earlier system of allocating the seats to the students of Vocational Stream, out of total number of seats available, for P. T. C. Course, 2% of seats were being kept reserved for the students who passed Standard 12th examination in the Vocational Stream. However, the advertisement published by the respondent in respect to the admission for this year, the students from Vocational Stream were not considered to be eligible for admission to the P. T. C. Course. ( 6 ) IN third group of petitions, the petitioners like the petitioners in Spl. C. A. No. 10012 of 2003 are concerned, the main prayer made by them is that by publishing the advertisement dated 30-6-2003 for P. T. C. Course admission, the respondents have ignored the petitioners right for reservation of two seats for Valmiki community which is violative of Art. 14 of the Constitution of India. ( 7 ) IN fourth group of petitions, the petitioners like the petitioners in Spl. C. A. No. 9636 of 2003, it is their say that the respondent-authorities have ignored the right of the petitioners for reservation of seats in the admission for P. T. C. Course for Widows and deserted women. The advertisement dated 30-6-2003 published by the respondent-authorities was totally silent so far as this right of the petitioners is concerned. ( 8 ) IN the fifth group of petitions, the petitioners like the petitioners in Spl. C. A. No. 10237 of 2003, it is their case that respondent-authorities have not reserved ten seats (5 seats for. Boys and 5 seats for Girls) for children of Ex-Servicemen who have passed Standard 12th Examination in March : April, 2003, for this year, without following due procedure under the law. C. A. No. 10237 of 2003, it is their case that respondent-authorities have not reserved ten seats (5 seats for. Boys and 5 seats for Girls) for children of Ex-Servicemen who have passed Standard 12th Examination in March : April, 2003, for this year, without following due procedure under the law. ( 9 ) IN all these matters, this Court has issued NOTICES and directed the respondent-authorities to consider and process the applications of the petitioners as per the merit list without deducting 15 marks or without being influenced by the fact that the petitioners are from Vocational Stream or without excluding those petitioners falling in the category of either Valmiki community, Ex-servicemen or Widows or Deserted women and further directed them to consider their applications as per the prevailing practice in the last year. Mr. A. D. Oza, learned G. P. along with Ms. Mita Panchal, learned A. G. P. appeared on behalf of the respondent-authorities in all these matters and also filed affidavit-in-reply in at least one from each group of these petitions. Learned Additional Advocate General Mr. K. B. Trivedi has also appeared on behalf of the respondent-authorities in all these matters. At the joint request of the parties, all these matters were taken up for final hearing after waiving RULE by the learned Government Pleader appearing for the respondents. ( 10 ) ON behalf of the petitioners of first group, Mr. N. D. Nanavati, learned senior Advocate has taken the lead and addressed the Court mainly on the aspect of deduction of 15 marks. He has submitted that the State of Gujarat has inducted Gujarat Educational Institutions (Regulation) Act, 1984 so as to provide for recognition of Educational Institutions established and maintained for conducting such courses and for other ancillary matters connected therewith. The said Act was brought into force with effect from 7-3-1984. He has further submitted that Sec. 3 of the Act prohibits any person from maintaining any Educational Institutions unless the same is recognised under the said Act. Section 6 provides for admission of the students in such recognised Educational Institution. It reads as under :-"no recognised Educational Institution shall admit any student in the Educational Institution except in accordance with the Rules made in this behalf. " ( 11 ) MR. Nanavati has further submitted that Sec. 13 of the said Act empowers the State Government to make Rule in that behalf. It reads as under :-"no recognised Educational Institution shall admit any student in the Educational Institution except in accordance with the Rules made in this behalf. " ( 11 ) MR. Nanavati has further submitted that Sec. 13 of the said Act empowers the State Government to make Rule in that behalf. Sub-section (2) of Sec. 13 further provides that such rules may be made for several purposes and clause (h) thereof provides for making rules for admission of the students in recognised Educational Institution under Sec. 6. He has further submitted that sub-sec. (1) of Sec. 13 itself puts an embargo on the State Government while making such rules as the same prescribes for a condition of the previous publication of the said rules before the same are notified in the Official Gazette. He has further submitted that in view of the provisions contained in Sec. 13 of the said Act, the State Government has framed the rules for admission of the students in the recognised Educational Institutions and the same are known as Gujarat Educational Institutions (Pre-Primary and Primary Teachers Training Colleges) Rules, 1984. He has further submitted that as per the provisions contained under Sec. 13 (1) of the Act, the State Government had invited objections by publishing the same on 15-5-1984 and the objections were invited upto 31-5-1984. After considering the objections and suggestions received from the public, the same has been brought into force with effect from 1-9-1984. ( 12 ) MR. Nanavati has further submitted that Rule 6 of the Rules provides that Educational Institutions shall admit the students in accordance with the provisions contained in Appendix V of the said Rules. Provisions relating to admission in Educational Institution as contained in Appendix V are as under :-"1. The minimum qualification for admission for training in the Educational Institution shall be the possession of Secondary School Certificate issued by Gujarat Secondary Education Board. 2. Admission shall be given on the basis of the marks obtained in the Secondary School Certificate Examination. 3. Minimum age of candidate for admission shall be 15 years at the commencement of the academic year and no candidate shall be admitted in an Educational Institution if his age exceeds 22 years at such commencement. 2. Admission shall be given on the basis of the marks obtained in the Secondary School Certificate Examination. 3. Minimum age of candidate for admission shall be 15 years at the commencement of the academic year and no candidate shall be admitted in an Educational Institution if his age exceeds 22 years at such commencement. Provided that the maximum age-limit specified in this clause shall be relaxed by 5 years in the case of a candidate belonging to the Scheduled Caste or as the case may be Scheduled Tribe. 4. There shall be reserved 7% of the seats for candidate belonging to Schedule Castes, 14% of the seats for candidates belonging to Scheduled Tribes and 10% of the seats for candidates belonging to other Socially and Educationally Backward Class out of the total seats available in the first year class in the Institution. 5. The procedure to be followed for admitting candidates in an Educational Institution shall be such as may be specified by the Director or as the case may be, authorised Officer. " ( 13 ) MR. N. D. Nanavati has further submitted that after the enactment of the above Act as well as framing of the rules, the State Government continued to follow the said Rules for the purpose of admission in the P. T. C. Course. He has further submitted that on 9-6-1998, the State Government vide its Notification amended the said Rules and before its amendment, the Rules sought to be amended were previously published on 27-6-1997 and objections and suggestions were invited from the persons likely to be affected as prescribed under Sec. 13 (1) of the Act. After considering these suggestions and objections, the said amendment has been brought into force. ( 14 ) MR. N. D. Nanavati has further submitted that on 7-3-2003, without following any procedure the resolution came to be passed by the State Government providing that if a candidate has failed in the earlier examination of the Standard 12, then 15 marks shall be deducted while considering the said candidate in the merit list. He has further submitted that the State Government had issued an advertisement on 30-6-2003 inviting applications from the candidates desiring an admission in P. T. C. Course in various Government non-Government and Self-Financed Institutions for the academic year 2003-2004. He has further submitted that the State Government had issued an advertisement on 30-6-2003 inviting applications from the candidates desiring an admission in P. T. C. Course in various Government non-Government and Self-Financed Institutions for the academic year 2003-2004. The respondent No. 2 has introduced the Centralised Admission System and for effective functioning of the said system, a Committee known as Centralised Admission Committee is incorporated by the respondent No. 2 The desiring students have to apply to the said Committee, and thereafter, the merit list is published by the said Committee and the students are given option to opt for a particular Institutions according to their seniority number in the merit list. He has further submitted that all the petitioners have filled up the form pursuant to the said advertisement issued by the respondent No. 2 as all the petitioners are desirous of obtaining admission in the P. T. C. Course in any of the Institutions in the State of Gujarat. He has further submitted that recently the petitioners came to know about one more advertisement published on 6-7-2003 by the respondent No. 2 whereby clauses (7) and (8) of the earlier advertisement dated 30-6-2003 were re-casted whereby not only the students who had failed on earlier examinations but the students like some of the present petitioners who had appeared and successfully passed in the earlier examinations were also to be considered equally and 15 marks were to be deducted while considering in the merit list. ( 15 ) MR. Nanavati has further submitted that immediately upon making inquiries about this subsequent advertisement, the petitioners came to know about passing of the Resolution dated 3-7-2003. He has submitted that the said Resolution is ex-fade, illegal, arbitrary and violative of Art. 14 of the Constitution of India. He has submitted that the Rules of 1984 provide that the admissions shall be given in the P. T. C. Course on the basis of the marks obtained in the Secondary or Higher Secondary Certificate Examination. Rules which have a statutory force nowhere puts any embargo as envisaged in the said Resolutions, and hence, the resolutions dated 7-3-2003 and 3-7-2003 could not have been passed and effected by the respondents. Rules which have a statutory force nowhere puts any embargo as envisaged in the said Resolutions, and hence, the resolutions dated 7-3-2003 and 3-7-2003 could not have been passed and effected by the respondents. He has further submitted that the impugned Resolutions were passed in violation of the provisions contained in Sec. 13 (1) of the Act, and hence, the respondents, thereby, acted against the intent of Legislature which specifically provides for inviting objections and suggestions from all the persons likely to be affected. He has further submitted that as per the provisions contained in Sec. 13 of the Act, the Rules cannot be published in the Official Gazette unless the same are put before the table in the Legislature, atleast prior to the expiry of 30 days. While issuing the impugned resolutions, the respondent No. l did not take any step to comply with this provision, and hence, on that ground, the said resolution became invalid and ineffective and nonest in the eye of law. ( 16 ) AS far as the issue regarding exclusion of Vocational Stream is concerned, Mr. Yatin Oza, learned senior Counsel appearing for the petitioners has submitted that though he is adopting the arguments of Mr. N. D. Nanavaty so far as the non-compliance of the provisions contained in the Act and Rules are concerned, over and above this, it is also his case that the exclusion of the Vocational Stream for the purpose of securing admission in the P. T. C. Course is not at all justified nor it is tenable at law. He has submitted that the State of Gujarat from the academic year 1982-1983 has introduced in Higher Secondary level after Standard 10 S. S. C. Examination, a Vocational Stream programme with a variety of trades, one of the trade is Home Science for introduction of Vocational Stream and the underlined object was that the Student can aptitude vocations for self-employment and for studying for trade and employment. Pursuant to this, the Gujarat Secondary and Higher Secondary Board were conducting the examinations for Standard 12 and the students from this Vocational Stream were entitled and eligible to get admission in P. T. C. Course. Pursuant to this, the Gujarat Secondary and Higher Secondary Board were conducting the examinations for Standard 12 and the students from this Vocational Stream were entitled and eligible to get admission in P. T. C. Course. He has further submitted that the State of Gujarat through its Education Department has taken a policy level decision in June, 1999 that those who have completed 2 years in Home Science trade in Higher Secondary Vocational Stream were treated as equivalent to Pre-P. T. C. , so that they can get necessary jobs. ( 17 ) MR. Oza has further submitted that the impugned action of the respondent No. 2 for making an admission rules, more particularly, Rule No. 4. 1. 1 whereby the Vocational Stream has been deleted without following due procedure of law and absolutely in arbitrary manner is illegal. He has further submitted that for making such rules, no Notification in the Official Gazette inviting objections and suggestions from the public at large for information, was issued nor any opportunity or notice has been given to the likely to be affected parties. He has further submitted that the public advertisement appeared in "sandesh" daily newspaper on 30-6-2003 issued by the respondent No. 2, indicating by implication the framing of the rules for admission in P. T. C. Course debarring the students of Vocational Stream on or after 30-6-2003. The impugned action of the respondent-authorities, is therefore, absolutely violative of Sec. 13 of the Act as well as the Rules framed thereunder. ( 18 ) SO far as reservation of seats for the children of Ex-Servicemen is concerned, Mr. Y. N. Oza, learned senior Counsel appearing for the petitioners has submitted that since years, the respondents were keeping 10 seats reserved for the children of Ex-Servicemen out of total seats available to the P. T. C. Course. Out of those 10 seats, five seats each were being kept reserved for Boys and Girls, children of Ex-Servicemen. He has further submitted that initially, when there were only 2500 seats available for the admission to the P. T. C. Course, at that point of time only 10 seats were being kept reserved. Out of those 10 seats, five seats each were being kept reserved for Boys and Girls, children of Ex-Servicemen. He has further submitted that initially, when there were only 2500 seats available for the admission to the P. T. C. Course, at that point of time only 10 seats were being kept reserved. Thereafter, when last year the total number of seats increased to around 5000, still the seats kept reserved for children of Ex-Servicemen were only 10 and this year though the total number of seats has increased to 6500, instead of increasing the quota of children of Ex-Servicemen, the respondents have cancelled the said reservation without giving any reason or without following any due procedure of law. He has, therefore, submitted that the decision and action of the respondent-authorities deserves to be quashed and set aside. ( 19 ) WITH regard to the reservation of seats for Widows/deserted women is concerned, Mr. Y. N. Oza, learned Senior Advocate appearing for the petitioners has submitted that as a normal practice all throughout uptill now, the respondents were keeping some percentage of seats reserved for the widows/ deserted women for their upliftment and welfare. However, from this year, without giving any reason, or without following the due procedure of law, the respondent-authorities have changed their policy and have not kept any seat vacant or reserved for widows and deserted women. The petitioners, have therefore, approached this Court seeking direction against the respondents to keep certain seats reserved for widow and deserted women so as to enable them to live a respectable life in the Society. ( 20 ) SO far as reservation of seats for Valmiki community is concerned, Mr. V. B. Gharaniya, learned Advocate appearing for the petitioners has submitted that the students belonging to the Valmiki community have been given the benefits of reservation of two seats out of 1% Schedule Caste Reservation seats. ( 20 ) SO far as reservation of seats for Valmiki community is concerned, Mr. V. B. Gharaniya, learned Advocate appearing for the petitioners has submitted that the students belonging to the Valmiki community have been given the benefits of reservation of two seats out of 1% Schedule Caste Reservation seats. He has submitted that the students belonging to the Valmiki community is the most backward and down-trodden community and to deny the benefit to this community is nothing but the violation of the fundamental rights conferred under the Constitution of India, and since the procedure prescribed under the Act has not been followed by the respondent-authorities, the said action is also in violation of the principles of natural justice, and hence, the action of the respondent-authorities excluding the Valmiki community from the reserved category atleast for the purpose of allotting two seats within the quota of 7% reservation for Schedule Caste, deserves to be quashed and set aside. .