Aditya Rajnikant Chauhan vs State Of Gujarat

Bhargav D. Karia, J

Heard learned advocate Mr. Rishabh Jain for the petitioner and learned Senior Advocate Ms. Manish Shah with learned advocate Mr. Antani for the respondent No. 2.

By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“(A) YOUR LORDSHIPS may be pleased to issue an appropriate writ, order or directions quashing and setting aside list of students issued by the respondent No. 2 where the petitioner has been shown as disqualified candidate and whereby the petitioner has not been considered under the State Quota for admission under State Merit List in the Professional Medical Educational Course as per the provisions Professional the Gujarat Medical Education Rules, 2017.qua the Petitioner herein (Annexure A to the present petition); 20AA: Your Lordships may be pleased to issue an appropriate writ, order or direction quashing and setting aside the list of students issued by Respondent No. 2 (qua the Petitioner) where the Petitioner has been shown as disqualified candidate and whereby the Petitioner has not been considered under the State Quota for admission under the State Merit list in the Professional Medical Educational Courses as per the provisions of the Gujarat Medical Education Rules, 2017(Annexure DC)

(B) YOUR LORDSHIPS may be pleased to issue an appropriate writ, order or directions and thereby direct the Respondent No.2 to consider the petitioner to be eligible for the year 2022 under the State Merit List for admission in the Professional Medical Educational Course as per the provisions of the Gujarat Professional Medical Education Rules, 2017 in the interest of justice;

(C) During the pendency and final disposal of the present petition, YOUR LORDSHIPS may be pleased to direct trhe respondents to consider petitioner to be eligible for the year 2022 under the State Merit List for admission in the Professional Medical Educational Course as per the provisions of the Gujarat Professional Medical Education Rules, 2017 in the interest of justice;

(D) Pass any such other and/or further orders that may be thought just and proper, the facts and circumstances of the present case.”

It is the case of the petitioner that the petitioner was born in United Arab Emirates in 2003 and thereafter by registration he obtained the citizenship of India. The petitioner pursued his studies upto 9th standard at United Arab Emirates and thereafter shifted to Gujarat in the year 2017 and thereafter pursued the studies of 10th standard to 12th standard.

3.1 After clearing the examination of the 12th standard, the petitioner appeared in the National Eligibility Entrance Test (NEET) Examination. However, the petitioner was disqualified in the State Quota as the petitioner did not possess a Domicile Certificate.

3.2 The petitioner thereafter once again appeared for the National Eligibility Entrance Test (NEET) Examination and the petitioner upon apprehension that once again he would be disqualified on the ground of not possessing Domicile Certificate, has preferred the present petition.

Learned advocate Mr. Jain for the petitioner submitted that it is not in dispute that the petitioner has started living in Gujarat from the year 2018. It was submitted that the Domicile Certificate is issued only to the person who is staying in Gujarat for 10 years and as the petitioner is not residing in Gujarat for 10 years, the petitioner is not eligible to get Domicile Certificate.

Learned advocate for the petitioner relied upon the decision of this Court in the case of Muskan Sunilkant Tiwari V/ s State of Gujarat rendered on 05.12.2018 in Special Civil Application No. 17426 of 2018 and other allied matters to submit that the Rule 4(1-a) of the Admission Rules to the Medical Course does not provide or postulate the condition or requirement that the student must adduce necessary evidence to establish minimum continuous stay of ten years in Gujarat.

It was submitted that this Court has held that the rule does not prescribe or postulate any other or further or additional requirement or condition for acquiring status as ‘domicile of Gujarat’.

4.1 It was submitted that in view of the said judgment, the petitioner is entitled to get the benefit of State Quota for the admission in the Medical Course on the basis of the marks obtained in the National Eligibility Entrance Test (NEET) Examination.

On the other hand, learned senior advocate Ms. Manisha Shah for the respondent authority submitted that the petitioner has tried to mislead the Court by placing on record the application made for domicile certificate at Annexure-H Pg.\ 57 onwards. It was submitted that upon inquiry with the authority, it was found that no such application was filed by the petitioner.

Learned advocate for the petitioner submitted that though he has placed the application on record he has not persuaded the said application nor has made any averments in the petition or the further affidavit that the petitioner has filed such application.

Be that as it may, admittedly the petitioner has not stayed in the State of Gujarat for more than 10 years and the petitioner is staying in Gujarat since 2018 only and therefore as per the Rules prevailing for issuance of Domicile Certificate the petitioner is not entitled to get Domicile Certificate till he completes 10 years of residence in Gujarat or he has intended to stay in Gujarat for atleast 10 years as per the Resolution dated 11.06.1964, 12.06.1964 and 22.04.1964 of the General Administration Department of the State of Gujarat.

In view of above facts, when the petitioner has not come with clean hands before this Court by placing on record the application which was never filed by the petitioner for obtaining the Domicile Certificate, this petition is not entertained and the same is dismissed with cost of Rs.5000/-to be deposited with the Gujarat State Legal Service Authority. Notice is discharged.