Nutan Suresh Dhandhukiya vs State Of Gujarat & 2 Other(S)

Aniruddha P. Mayee, J

The present Special Civil Application is filed for the following reliefs :-

“(A) To admit this Special Civil Application.

(B) To give the direction to respondent No.2 and 3 to make addition of the name of the petitioner in State quota merit list of NEET examination.

(C) To stay the proceedings of admission procedure of respondent No. 2 and 3 during the pendency of this petition.

(D) Any other relief which may be deemed fit be given.”

The petitioner submits that he is residing in Gujarat. His father went out of Gujarat for livelihood and, therefore, the petitioner completed his 10th standard from Pune. It is further stated that the petitioner has completed his 11th and 12th standard from the State of Gujarat, at Surat. It is further stated that the petitioner is born in Gujarat, therefore, the petitioner applied for state quota list to the Admission Committee of GMERC Medical College, Gandhinagar. However, the petitioner’s name is not included in the state quota merit list for admission to medical colleges in the State. The petitioner has therefore preferred the present Special Civil Application, seeking a direction to add his name in state quota merit list.

Learned Assistant Government Pleader, Mr. Ayaan Patel, is appearing for the respondent No.1-State. He submits that the Coordinate Bench of this Court has dismissed this Special Civil Application in the case of similarly situated candidates being Special Civil Application No. 2762 of 2022. He further relies on a common order dated 31.01.2022 passed by this Court in Special Civil Application No.1831/2022 and allied matters. Heard learned counsel for the parties and perused the documents on record.

Rule-4(3) of the Gujarat Professional Medical Educational Courses Rules, 2017 reads thus:-

“4. Eligibility of Admissions,-

A candidate who desires admission shall-

(1)xxx (2)xxx

(3) have passed the 10th and 12th qualifying examination with “B-group” or “AB-group” from-

(i) The Gujarat Board; or

(ii) The Central Board of Secondary Education provided that the school in which the candidate has studied, is located in the State of Gujarat; or

(iii) The Council of Indian School Certificate Examinations Board, New Delhi provided that the school in which the candidate has studied, is located in the State of Gujarat;

Provided that a candidate seeking admission on Non-Resident Indian seat must have passed the qualifying examination from anywhere with Physics, Chemistry and Biology.”

Rule-4 (iv) and (v) came to be amended on 04.05.2018 and the amended regulation dated 15.06.2019, reads thus:-

“2. In the Gujarat Professional Medical Education Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 (hereinafter referred to as “the said rules” in rule-4; (i)xxx (ii) in sub-rule (1-A)

(a) for the words “be the Domicile of Gujarat State”, the words “be born in Gujarat State or be the Domicile of Gujarat State.” shall be substituted;

(b) after the existing proviso the following proviso shall be added, namely:-

“Provided further that the candidates of Union Territories of the Daman & Diu and Dadra & Nagar Haveli shall be exempted from this sub-rule for the academic year 2019- 20”;

(iii) in sub-rule(3), after the first proviso, the following proviso shall be inserted, namely;

“Provided further that for the purpose of admission for the academic year 2019-20 only, the candidates who have studied and passed 10 th standard from the school located outside the state of Gujarat shall also be eligible”

This Court in Special Civil Application No.1831/2022 and allied matters, in para-20 has observed thus:-.

“20. …...….Insofar as the State of Gujarat is concerned, Rules 2017 prescribe or clearly mandate that such of the students who have passed the examination of 10th Standard and 12th Standard would only be eligible which is intra vires of the Constitution and the benefit of exemption notifications being extended for 3 years has reasonable nexus to the object of the Act as well as Rules2017 which is just and proper and as such, the claim of the petitioners cannot be accepted. The issue relating to competence to legislate not being an issue in these writ petitions, we do not propose to go into said aspect and as such the contention raised by petitioners stands rejected…...”

Further the Coordinate Bench of this Court in Special Civil Application No.2762 of 2022 has also dismissed the Special Civil Application in view of the ratio as laid down by this Court as mentioned hereinabove. In view of the aforesaid observations, the present Special Civil Application stands dismissed as this Court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. Notice is discharged. No order as to costs.