PATEL HARSH VIKRAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has challenged validity of Rule 5(5) of Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees)Rules, 2009 (here -in -after referred to as the Admission Rules of 2009 )

(2.) THE petitioner had appeared in the HSC examination in Gujarat Board in the year 2008. He also appeared in the Common Entrance Test referred to as GUJCET conducted in the same year. On the basis of his combined performance in the said two examinations, he could secure admission in Government Physiotherapy College in August 2008. He once again appeared in the GUJCET examination conducted in the year 2009. It is his case that on the basis of his improved performance in the GUJCET in the year 2009, he would have been in a position to secure admission in a better course such as MBBS. On account of Government policy, since he had already secured admission in the previous year, he is however, not qualified for admission till the duration of course in which he has secured admission is over.

(3.) RULE 5 of the Admission Rules 2009 provides for eligibility for admission. It provides inter -alia that a student who has passed qualifying examination with B group or AB -group from the Gujarat Board or Central Board and who has appeared in Gujarat Common Entrance Test conducted in the current academic year, would be eligible to seek admission in Medical and Para -medical courses. Rule 5 (5) however, provides as under :