LAWS(GJH)-2020-11-23

ESHIKA SATYAJIT DAS Vs. STATE OF GUJARAT

Decided On November 06, 2020
Eshika Satyajit Das Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful writ applicant of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court in the Special Civil Application No.3576 of 2020 dated 14.10.2020, by which, the learned Single Judge declined to grant the relief as prayed for and rejected the writ application.

(2.) The facts in brief giving rise to this appeal may be summarized as under;

(3.) Mr. Anshin Desai, the learned senior counsel appearing for the appellant would submit that the principal issue raised in this appeal is with regard to proper implementation, reasonable execution and proportionality of restriction of the amended Rule 4(3)(ii) of the Gujarat Professional Medical Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 (for short "the Rules, 2017"). Mr. Desai pointed out that the respondents, in exercise of their powers conferred under Section 20 Sub-section (1) read with Section 4 of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (for short "the Act, 2007"), had issued two notifications dated 25.06.2018 and 15.06.2019 respectively, whereby the provio was inserted in Rule 4 Sub-rule (3) before the existing proviso making the students eligible for the academic year 2018-19 and, thereafter, for the academic year 2019-20 for securing admission in the Professional Medical Course in the State of Gujarat.