SHAISHAV BHAVEN SHAH (MINOR) Vs. STATE OF GUJARAT
LAWS(GJH)-2015-10-23
HIGH COURT OF GUJARAT
Decided on
October 17,2015
Shaishav Bhaven Shah (Minor)
Appellant
VERSUS
STATE OF GUJARAT
Respondents
Referred Judgements :-
H H MAHARAJADHIRAJA MADHAV RAO JIVAJI RAO SGINDIA BAHADUR OF GWALIOR H H MAHARAJADHIRAJA MAHARANA SHRI BHAGWAT SINGHJI BAHADUR OF UDAIPUR COL H H BRARBANS SARAMAUR RAJA I RAJAGAN SIR PRATAP SINGH MALVENDRA BAHADUR COL RAJA SURINDER SINGH BAHADUR VS. UNION OF INDIA [REFERRED TO]HIRALAL RATTANLAL VS. STATE OF UTTAR PRADESH [REFERRED TO]
PARADISE PRINTERS VS. UNION TERRITORY OF CHANDIGARH [REFERRED TO]
TINSUKHIA ELECTRIC SUPPLY COMPANY LIMITED VS. STATE OF ASSAM [REFERRED TO]
UNION OF INDIA VS. B S AGARWALAND ANOTHER:M P KAMAL RAJ:S A A ZAIDI [REFERRED TO]
GURUDEVDATTA VKSSS MARYADIT VS. STATE OF MAHARASHTRA [REFERRED TO]
ANDHRA BANK VS. B SATYANARAYANA [REFERRED TO]
SWEDISH MATCH AB VS. SECURITIES AND EXCHANGE BOARD INDIA [REFERRED TO]
P A INAMDAR VS. SATE OF MAHARASHTRA [REFERRED TO]
H S VANKANI VS. STATE OF GUJARAT [REFERRED TO]
B PREMANAND VS. MOHAN KOIKAL [REFERRED TO]
JUDGEMENT
ABHILASHA KUMARI, J. -
(1.)Rule. Ms.Sangeeta Vishen, learned Assistant Government Pleader, waives service of notice of Rule for the respondents. Considering the facts of the case, the learned counsel for the respective parties submit that the petition may be heard and decided finally, at this stage.
(2.)The challenge in this petition under Article 226 of the Constitution of India, is to Rule 7(1)C(4) of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees) (Amendment) Act, 2015 ("the Rules" for short), published vide Notification dated 29.05.2015, in exercise of powers conferred by subsection (1) of Section 20 read with Section 4 of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fess) Act, 2007. The petitioner has further prayed to direct the respondents to distribute the NRI Dependant Quota seats on prorata basis according to the different Boards and prepare a meritlist of NRI Dependant Quota seats as per Rules 10 and 11 of the Rules.
(3.)The petitioner is a student who has completed the 12th standard in May 2015 from the Gujarat State Education Board. The petitioner has secured 83.25% marks in the said examination and has also appeared in the GUJCET examination, securing 98.75/120 marks. Being desirous of obtaining admission in the MBBS course, the petitioner applied for admission to the said course under the NRI Dependent Quota in (1) NHL AMC Ahmedabad, (2) AMC MET Ahmedabad (3) SMI MER Surat, (4) Karamsad Medical College Karamsad, (5) CU Shah Medical College, Surendranagar, (6) GCS Medical College, Ahmedabad and (7) Adani Medical College, Bhuj, pursuant to advertisements issued by the above colleges and institutions. According to the petitioner, Rule 7(1)C(4) of the Rules, which lay down the procedure for admission to NRI seats, is discriminatory and arbitrary as it does not take into consideration the distribution of seats between the students of the Gujarat Board and other Boards on a prorata basis, as provided in Rule 10 of the Rules in respect of the NRI Dependent Quota under which the petitioner falls.
(2.)The challenge in this petition under Article 226 of the Constitution of India, is to Rule 7(1)C(4) of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees) (Amendment) Act, 2015 ("the Rules" for short), published vide Notification dated 29.05.2015, in exercise of powers conferred by subsection (1) of Section 20 read with Section 4 of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fess) Act, 2007. The petitioner has further prayed to direct the respondents to distribute the NRI Dependant Quota seats on prorata basis according to the different Boards and prepare a meritlist of NRI Dependant Quota seats as per Rules 10 and 11 of the Rules.
(3.)The petitioner is a student who has completed the 12th standard in May 2015 from the Gujarat State Education Board. The petitioner has secured 83.25% marks in the said examination and has also appeared in the GUJCET examination, securing 98.75/120 marks. Being desirous of obtaining admission in the MBBS course, the petitioner applied for admission to the said course under the NRI Dependent Quota in (1) NHL AMC Ahmedabad, (2) AMC MET Ahmedabad (3) SMI MER Surat, (4) Karamsad Medical College Karamsad, (5) CU Shah Medical College, Surendranagar, (6) GCS Medical College, Ahmedabad and (7) Adani Medical College, Bhuj, pursuant to advertisements issued by the above colleges and institutions. According to the petitioner, Rule 7(1)C(4) of the Rules, which lay down the procedure for admission to NRI seats, is discriminatory and arbitrary as it does not take into consideration the distribution of seats between the students of the Gujarat Board and other Boards on a prorata basis, as provided in Rule 10 of the Rules in respect of the NRI Dependent Quota under which the petitioner falls.
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