The Gujarat High Court (HC) Tuesday ordered the authorities concerned to prepare a fresh merit list for engineering courses in the institutes in the state.
A division bench comprising Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala also termed that the procedure adopted by the state government and the Admission Committee for Professional Courses (ACPC) was in violation of constitutional rights of equality of the students. The final declaration of merit list for various engineering courses was on June 20.
The court passed the judgment while acting on a number of petitions from students of the Central Board of Secondary Education (CBSE) who had applied for the admission to B.Tech with the ACPC in Gujarat.
The students had challenged the procedure adopted by the ACPC in preparing the merit list while stating that it was not as per the rules framed under a state legislation for the normalisation of the merit list of different boards.
In their petition,the students had contended that the procedure adopted by the ACPC was arbitrary and harming their interests. They also added that it was favouring the Gujarat Board students at the peril of the meritorious students of CBSE and other boards.
During the hearing of the petitions,the authorities had disclosed before the court that the merit list was prepared by the experts of Indian Statistical Institute,Kolkata under the guidance of one Professor Ashis Kumar Chakraborti.
Deciding the petitions in favour of the petitioner students,the court observed,respondent authority,in our opinion,should not,in the absence of delegation prescribed by the Act or the Rules,have invited the Indian Statistical Institute to adopt the method of normalisation.
The court held that the procedure adopted to prepare the merit list was not in accordance with the rules framed under the rules of Gujarat Professional Technical Educational Colleges or Institutions (Regulations of Admission & Fixation of Fees) Act,2007 and ordered to prepare the list afresh as per the rules.