Gujarat told to amend diploma course admission rules

GANDHINAGAR - The Gujarat High Court Monday directed the state government to amend a law which regulates admission to diploma courses so that students of the National Institute of Open Schooling (NIOS) do not face discrimination.

A division bench asked the government to make necessary amendment to rule 5 of the Gujarat Professional Technical Education Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007.

The act derecognizes the NIOS.

The court’s decision came after a student was denied admission in a diploma course in polytechnic colleges in the state as he studied from a study centre of NIOS in the state.

A division bench of Chief Justice S.J. Mukhopdadhaya and Justice K.M. Thaker were hearing the petition of Sidharth Panchal against the admissions committee for professional diploma courses and others.

The court observed that the state government cannot discriminate among two institutions or boards.

“The state government can frame rules and confine recognition of institution located within the state of Gujarat, though the board may be located outside the state,” the court said.

“If any institution is located outside the state, and if the board which grants certificate is also located outside Gujarat, it is always open to the state not to allow the students of such institutions for admission in one or the other courses within the state, but it cannot discriminate among two institutions or board similarly situated,” the court said.

Panchal sought the court’s direction to the government to admit him to diploma in any of the polytechnic colleges within the state for the academic session 2010-11.

He passed out of Class 10 exam from NIOS study centre in Gujarat and applied for admission in a diploma course.