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2019 DIGILAW 786 (GUJ)

Aryan Kushalbhai Timbadia v. State of Gujarat

2019-08-26

A.P.THAKER, S.R.BRAHMBHATT

body2019
ORDER : S.R. Brahmbhatt, J. 1. This Letters Patent Appeal is taken out under Clause 15 of the Letters Patent for challenging the order and judgment of learned single Judge dated 10.07.2019 passed in Special Civil Application No. 11723 of 2019 on the ground mentioned in memo of the Letters Patent Appeal. 2. Facts in brief, as could be gathered therefrom, deserves to be set out as under: 2.1 The appellant has completed his XII standard examination in commerce stream in the academic year 2018-2019 from Vivekanand School, Junagadh. The constitutional amendment with regard to EWS quota has come into force w.e.f. 14.01.2019 and the Resolution of the State Government was dated 23.01.2019. The appellant applied on-line on 21.02.2019 for appearing in the Common Law Admission Test (CLAT) and it is stated that at the time of filling up the form there was no option available for EWS reservation quota and he selected option of general category. 2.2. The examination of CLAT was held on 26.05.2019 and the appellant scored 86 marks out of 200 and secured rank of 17251 at all India level, as per his score card declared on 14.06.2019. According to the appellant, he belongs to the Economically Weaker Sections (EWS) of the Society and has obtained the certificate from the competent authority in this regard issued on 29.05.2019. It is further case of the appellant that he had applied on-line in the CLAT examination on 21.02.2019 and had given preference to the respondent No. 2 - Institution, however, as per the merit list published by the Consortium of National Law Universities, the name of the appellant did not figure. 2.3. According to the appellant, the constitutional amendment with regard to EWS quota has come into force with effect from 14.01.2019 and the State Government has also issued Resolution on 23.01.2019, resolving that there shall be 10% reservation in favour of EWS citizens, who are not covered under the existing scheme of reservation in the admission to the educational institutions. 2.4. According to the appellant, the constitutional amendment with regard to EWS quota has come into force with effect from 14.01.2019 and the State Government has also issued Resolution on 23.01.2019, resolving that there shall be 10% reservation in favour of EWS citizens, who are not covered under the existing scheme of reservation in the admission to the educational institutions. 2.4. It is further case of the appellant that since, there was no option available in the application form to be filled in on-line with regard to the category of EWS, the appellant had filled in the form as general category student, however, the appellant being the person falling under the category of EWS, was entitled to get admission under the said category in the respondent No. 2 Institution. 2.5. Being aggrieved by the same, the appellant approached this Court by way of preferring Special Civil Application No. 11723 of 2019. The learned single Judge vide order dated 10.07.2019 dismissed the said petition. Hence, the present Letters Patent Appeal. 3. Learned counsel appearing for the appellant invited Court's attention to few glaring facts to indicate that salutary provision of providing 10% reservation to the economically weaker section, though adopted by the State of Gujarat and implemented, is not translated into the action on the part of the concerned authorities, which has created a situation wherein lot many aspirants like present appellant have been left out and could not avail the benefit envisaged on account of the constitutional amendment. The requisite amendment was carried out and passed on 12.01.2019 and it was implemented w.e.f. 14.01.2019. The State also issued requisite Resolution on 23.01.2019 providing for reservation in the educational institutions and recruitment procedure for 10% reservation to economically weaker section of the society. The appellant was aspiring to be a student in Gujarat National Law University and he in all hopes and aspiration applied on February, the last date of filling up the form was 15.04.2019. Unfortunately, there was no quota reserved or earmarked. The examination was conducted which popularly known as CLAT on 26.05.2019 and the results were out on 14.06.2019. In all these procedures, the absence of reservation to economically weaker section is provided under the latest amendment, in this the aspect was conspicuous. Unfortunately, there was no quota reserved or earmarked. The examination was conducted which popularly known as CLAT on 26.05.2019 and the results were out on 14.06.2019. In all these procedures, the absence of reservation to economically weaker section is provided under the latest amendment, in this the aspect was conspicuous. The appellant was in fact require to avail admission in five years' course run by Gujarat Law University, which was kind enough to provide a special selection and admission procedure. The learned single Judge unfortunately did not appreciate this aspect and dismissed the petition. Hence, the Court may pass appropriate orders permitting the appellant to avail an opportunity of admission in Gujarat National Law University at Ahmedabad. 4. The learned counsel for the petitioner submitted that the policy decision is in fact already taken and implemented also. It was a duty cast upon the Gujarat National Law University to be bound thereby and provide reservation to this class of citizens and students. The inaction and/or omission on their part is actually violation not only of the fundamental rights of the appellant but unfortunately deviation from the policy in question, which was framed as a part of the constitutional amendment and now it has attained the same status as it is available to the other sections for which the reservation is provided. 5. The Court is of the view that the petition and the submissions deserve to be viewed only in light of the prevalent facts and in case prevalent facts are capable of being granting the relief, the same could be considered for granting relief. In the instant case, few facts, as they emerged from the record and as they are indisputed, require to be set out as under: (i) The constitutional amendment has been implemented w.e.f. 14.01.2019 under which 10% reservation to economically weaker section is provided not only to the educational institutions but only in various public recruitment procedures. (ii) In consonance with the aforesaid constitutional scheme even the State of Gujarat has provided 10% reservation to economically weaker section under the Resolution dated 23.01.2019 and therefore the appellant was not wholly unjustified in contending that the institutions operating in Gujarat with aid or without aid were under obligation to carry out the constitutional scheme and accord the benefit which otherwise enures to this section. (iii) It is required to be noted that the admission test, so far as the Gujarat National Law Universities is concerned, is as per the scheme of admission conducted by the rotation under the auspice of the consortium of University situated in various States and therefore, the examination program, the papers setting, the students strength etc. are all taken into consideration. Therefore, the last date of submission of admission form was 15.04.2019. (iv) The facts remains to be noted that the petitioner even for availing the benefit of economically weaker section was required to be obtained requisite certificate from the competent authority, which he could not obtain before 29.05.2019 and the fact remains to be noted that at the same time the University also had not provided any reservation to this segment, but perhaps the answer could be that the policy has to be implemented in accordance with the criteria laid down thereof, given the examination time and schedule for common admission test. The same might not found to be feasible. The Court hasten to add here that the Court need not elaborately dwell thereupon. Suffice it to say that even the petitioner was not holding the requisite certificate, which would have enabled him to claim reservation based thereupon till the admission test time and submission form were over. The results were out by 14.06.2019. 6. In view of the aforesaid, the Court is therefore of the view that as this petition contains a specific plea of examination i.e. common test conducted for the current academic year, it would not be required to be gone into further aspects of policy, implementation of policy, applicability etc. at this stage. 7. The Court is of the view that the appellant in this situation cannot be granted any relief, at this stage, as it would amount to providing a special corridor or a passage which would not be in the scheme of admission test and therefore without dwelling upon the reasoning aspects of the learned single Judge's order and leaving all questions open, this Court express inability to grant any relief to the petitioner and hence appeal fails and hereby dismissed. 8. In view of the order passed in this appeal, no order in Civil Application. The same stands disposed of accordingly.