Judgment K.S. Radhakrishnan, CJ.—Petitioner is an Association of Self Finance Pharmacy Colleges of Gujarat State has approached this Court seeking a declaration that Rule (1)(b) and Sub-rule (2) of Rule 5 of Gujarat Professional Technical Educational Colleges and Institutions (Regulation of Admissions and Payment of Fees) Rules, 2008 being inconsistent with the Rule 8 of All India Council for Technical Education (AICTE) Grant of approval for starting new technical institutions, introduction of Courses or programmes and increase / variation of intake capacity of seats for the courses or programmes and Extension of approval for the existing technical Institutions Regulations, 2006, is unconstitutional as also ultra vires Articles 14 and 19(1)(g) of the Constitution of India and also for consequential relief. 2. Learned Counsel Shri Dhaval C. Dave appearing for the petitioner submitted that this fact has already been pointed out to the respondents much in advance but even then deviating from the qualification laid down by the AICTE, the following eligibility criteria has been laid down for Pharmacy course by the Government in Education Department vide notification dated 12th May, 2008 in exercise of the powers under the Gujarat Professional Technical Educational Colleges and Institutions (Regulation of Admissions and Payment of Fees) Rules, 2008 (for short ‘GPTECI Rules, 2008’. Relevant portion of Sub-rule (1) and (2) of Rule 5 of GPTECI Rules, 2008 is reproduced as under. “5. Eligibility for admission.—(1) For the purpose of admission, a candidate shall have passed the qualifying examination from,— (i) the Gujarat Board; or (ii) the Central Board of Secondary Education Board provided that the school in which the candidate has studied, should have been located in the State of Gujarat; or (iii) the Council of Indian School Certificate Examinations, New Delhi Board provided that the school in which the candidate has studied should have been located in the State of Gujarat; and (iv) appeared in the Gujarat Common Entrance Test conducted in the current academic year,— In case of,— (a) a degree in engineering or technology course, passed with “A-group” or “AB-group”; (b) a degree or diploma in pharmacy course, passed with “B-group” or “AB-group”. (2) A candidate who has passed qualifying examination with “A-group” shall not be eligible for a degree or diploma in pharmacy course; and a candidate who has passed qualifying examination with “B-group” shall not be eligible for a degree in engineering or technology, and vice-verse.” Learned Counsel submitted that GPTECI Rules, 2008 are contrary to the qualification laid down by the AICTE for Pharmacy course. Qualification laid down by the AICTE is extracted hereunder. Sr. No. Type of the Programme Duration Minimum Qualification for Admission 1. Engineering & Technology 4 Years Should be a pass in 10 + 2 examination with Physics and Mathematics as compulsory subjects along with one of the following subjects: “Chemistry/Biotechnology/ Computer Science/Biology”. 2. Pharmacy 4 years Should be a pass in 10 + 2 examination with Physics and Chemistry as compulsory subjects along with one of the following subjects: “Mathematics/ Biology/Bio-Technology/ Computer Science”. 3. Architecture / Town 5 years Should be a pass in 10 + 2 Planning Examination with Physics and Mathematics as compulsory subjects along with one of the following subjects: “Chemistry / Engineering Drawing, Computer Science / Biology”. 4. Hotel Management 4 years Should be a pass in 10 + 2 and Catering examination. Technology 5. Applied Arts & Crafts 5 years Should be a pass in 10 + 2 examination. The candidates will, however, be required to qualify at the Entrance Test in all subjects as per requirements of the Entrance Test.” 3. Learned Counsel also referred to the public notice dated 8th May, 2008 issued by the AICTE, New Delhi dealing with the qualification for admission to the Degree Course in Pharmacy which is in conformity with the AICTE Regulations. 4. Learned Counsel Shri Mittul Shelat appearing for AICTE referred to the letter dated 15th July, 2009 issued by the office of the AICTE and submitted that qualification laid down by the AICTE is being followed all over the country for admission to the Pharmacy course and Rules of State Government restricting admissions to the Pharmacy Colleges to students who have opted for subjects Physics, Chemistry and Biology is inconsistent with the qualification prescribed by the AICTE. 5. Learned Advocate General Shri Kamal Trivedi fairly did not take a different stand. 5. Learned Advocate General Shri Kamal Trivedi fairly did not take a different stand. In our view, the petitioner is right in their contention that qualification laid down by the State Government for admission to Pharmacy Colleges is contrary to the qualification laid down by AICTE which is legally impermissible. Under such circumstances, we declare that Rule 5(1)(b) and Sub-rule (2) of Rule 5 of the GPTECI Rules, 2008 to the extent they are contrary to the Regulations framed by the AICTE are invalid and therefore quashed. 6. We may indicate that though notification was issued by the State Government on 12th May, 2008, no student has approached this Court challenging the notification and solitary challenge is by the petitioner- Association. Further, it is stated that admission process is underway and counseling has also started. Under such circumstances, it will not be in the interest of the students to upset the admission schedule even though we struck down the Rules. Learned Counsel appearing for the petitioner submitted that petitioner be permitted to fill up seats earmarked for management quota in accordance with the eligibility criteria laid down by AICTE. Learned Counsel also made a submission that if any seats are available after exhausting the list provided by the Admission Committee in the Govt. quota, those seats may also to be filled up in accordance with eligibility criteria laid down by AICTE. Request of the petitioner is granted. 7. We order accordingly. 8. With above observations, the Special Civil Application is disposed of.