SHEETAL YESHWANTKUMAR PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ-application under Article 226 of the Constitution of India is at the instance of a student who has been denied admission in the professional courses such as M.B.B.S./B.D.S. on the ground of not having studied in a C.B.S.E. school located within the State of Gujarat, and has prayed for the following reliefs :

(2.) The facts giving rise to the present application may be summed up thus :

(3.) According to the petitioner, though Rules 5(1) and (2) of the Gujarat Rules are aimed at facilitating the children of officers of the State of Gujarat and All India Services who are posted out of Gujarat for the reasons beyond their control, to secure admission in the institutions situated in the State of Gujarat, the same are required to be read, construed and interpreted to include even the officers/personnels of the Government Public Sector Undertakings like Indian Oil Corporation and other Corporations so as to uphold its validity. According to the petitioner, the discriminatory treatment to the officers of the Public Sector Undertakings of the Government is violative of Article 14 of the Constitution of India and the exclusion of the officers of the Indian Oil Corporation has no rationale. In other words, according to the petitioner, there exists no nexus with the object sought to be achieved by excluding the children of the employees of a Public Sector Undertakings like Indian Oil Corporation.