J. N. PATEL, J. ( 1 ) RULE. Mr. Dipen A. Desai, learned AGP, appears and waives service of Rule on behalf of the respondent-State. With the consent of the parties, the matter is taken up for final hearing today. ( 2 ) THE present petition is preferred to hold that the action of the respondents of not declaring the name of the petitioner in the merit list and the action of the respondents of holding that the petitioner is not entitled to admission is illegal and invalid. The petitioner has also prayed for quashing and setting aside the communication, Annexure-G, whereby the petitioner is communicated that since she has not passed 12th standard Central Board of Secondary Education (CBSE) Examination from the school of Gujarat, she would not be entitled to placement of her name in the merit order. ( 3 ) MR. A. M. DAGLI, learned Counsel appearing for the petitioner, has submitted, inter alia, that as per the Rules framed by the Centralised Admission Committee, there is reservation of 1% as per Rule-8 for the Military and Para Military Forces and their families. He submitted that as per Rule-9, provision is made that such reservation will be there in Central quota. Since the petitioner has passed from 12th Standard CBSE examination, the petitioner can be considered in Central quota. Mr. Dagli submitted that the services of the father of the petitioner were required because of the attack on the Parliament building, and, therefore, since he was deployed there, he has not been placed in Gujarat State. He submitted that the native place of the petitioner is Gujarat State and since at the relevant point of time, the petitioner was with her father at Calcutta, she has passed 12th Standard CBSE examination at Calcutta and has secured 92% marks. However, though the form was accepted, the name of the petitioner is not at all shown in the merit list and as a result thereof, the petitioner is not likely to be considered at all for the purpose of considering the admission in Gujarat State and, therefore, this petition. ( 4 ) ON behalf of the respondents, Mr. Dipen A. Desai, learned AGP, has submitted, inter alia, that the eligibility criteria would apply to all categories including the students who are belonging to reserved category as per Rule-8. ( 4 ) ON behalf of the respondents, Mr. Dipen A. Desai, learned AGP, has submitted, inter alia, that the eligibility criteria would apply to all categories including the students who are belonging to reserved category as per Rule-8. He submitted that it is only when an employee is transferred to Gujarat State and if his daughter/son has passed 12th Standard CBSE examination from the school outside Gujarat, then, such student can be considered in the Central Board merit list. He, therefore, submitted that the petitioners case cannot be considered in the merit list which is prepared by the Centralised Admission Committee. However, Mr. Desai has not been able to show as to why the name of the petitioner cannot be placed in the merit list for the purpose of allotting 50% of the management quota, which is to be filled up strictly on the basis of merit, without there being any other policy of the State Government for the purpose of reservation or otherwise. ( 5 ) HAVING considered the above, it appears that Rule-4 provides for passing of 12th Standard examination from the school of Gujarat and it does not provide for any school outside Gujarat. It is only by virtue of Rule 5. 5. 2 that the students, who have passed the examination from the school outside Gujarat, can only be considered in the Central quota, but, the requirement is that such employees or officers should have been transferred from outside Gujarat to Gujarat State. ( 6 ) SO far as the reservation of 1% is concerned, it appears that the same would apply to only those candidates or students, who fulfill the basic eligibility criteria. Saying in other words, if a student has passed 12th Standard examination, either in Gujarat Higher Secondary Certificate Examination or CBSE, from the school situated in Gujarat or if he has passed 12th Standard examination of CBSE outside Gujarat, then, in the latter case, it would be with a further condition that the parents of such student should have been transferred to Gujarat State. In the present case, it is an admitted position that the father of the petitioner is not transferred to Gujarat State. In the present case, it is an admitted position that the father of the petitioner is not transferred to Gujarat State. However, the father of the petitioner is serving in Army and since the father of the petitioner is not transferred to Gujarat State, on the basis of the aforesaid policy of the Government, the petitioner would not be entitled to any reservation either in the State quota or in the Central quota, which is meant for children of military or para military forces. ( 7 ) HOWEVER, the grievance of the petitioner for not placing her name in the merit list of the Centralised Admission Committee, to some extent, can be considered inasmuch as in view of the order dated 28th-29th August, 2003 of this Court in Special Civil Application No. 9800 of 2003 and allied matters, wherein even for the seats to be filled up for management quota, it is directed that admission shall be granted as per the merit list prepared and merit of the student is not to be given a go-by and only between the students having equal merit, the management will have right of preference. Therefore, the name of the petitioner, who has otherwise also secured 92% of the marks at 12th Standard CBSE examination, deserves to be included in the merit list. Even otherwise also, the petitioner has passed 12th Standard CBSE Examination, which is a qualifying examination and, therefore, the petitioners case can be considered for placement of her name in the merit list at the time when the seats are to be provided for filling up of the management quota by the Centralised Admission Committee. However, the admissions already granted shall not be required to be disturbed. ( 8 ) IN view of the aforesaid discussion, the petition is allowed only to the extent that the name of the petitioner shall be placed in the merit list at the appropriate merit order on the basis of the marks obtained by her at the 12th Standard CBSE Examination. However, such placement of the petitioner in the merit order shall be for the purposes of allotting admission to her in the management quota of the concerned colleges situated in Gujarat State. Other prayers made in the petition deserves to be rejected and are rejected. The petition stands partly allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent only. Other prayers made in the petition deserves to be rejected and are rejected. The petition stands partly allowed to the aforesaid extent. Rule is made absolute to the aforesaid extent only. No order as to costs. Mr. Dipen A. Desai, learned AGP, shall communicate this order to the concerned Authority. Office shall also give one copy of this order to the Office of the Government Pleader. Direct Service is permitted. .