Gujarat High Court
Taksh Vijaybhai Hadvani vs State Of Gujarat on 25 June, 2018
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/SCA/8590/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8590 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8591 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8592 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8593 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8594 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8595 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8605 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8641 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8729 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8745 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8747 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8902 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8925 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8974 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8997 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 8998 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 9040 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 9045 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 9046 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 9057 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 9060 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 9075 of 2018
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R/SPECIAL CIVIL APPLICATION NO. 9346 of 2018
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C/SCA/8590/2018 ORDER
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TAKSH VIJAYBHAI HADVANI
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the PETITIONER(s) No. 1
MR. NISHIT P GANDHI(6946) for the PETITIONER(s) No. 1
MR RASESH H PARIKH(3862) for the RESPONDENT(s) No. 3,4
MR. KM ANTANI(6547) for the RESPONDENT(s) No. 2
MR.HEMANG H PARIKH(2628) for the RESPONDENT(s) No. 3,4
NOTICE SERVED BY DS(5) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 25/06/2018
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) Operative portion of the judgment is as under: In view of aforesaid discussion and reasons, we do not find any merit in these petitions for grant of any relief as prayed for, to strike down Rule 4(3)(ii) and Rule 4(1A) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, in exercise of powers under Article 226 of the Constitution of India.
At the same time, as it is noticed that after Rule 4(3)(ii) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 referred above, is Page 2 of 4 C/SCA/8590/2018 ORDER upheld by this Court, in view of dismissal of the petition challenging the aforesaid Rule earlier, there is change in the Rules by introducing Rule 4(1A) which is inserted by way of amendment to the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, by Notification dated 04.05.2018. In view of insertion of Rule 4(1A) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, which prescribe the candidate to be domicile of Gujarat, whether requirement of passing of 10th Standard from the school situated in the State of Gujarat, as contemplated under Rule 4(3)
(ii) of Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, as existed earlier to be continued or not, needs consideration by the respondent State. It is the case of some of the petitioners that though they fulfill criteria of domicile and passing requirement of 12th Standard from the school situated in Gujarat, but they are excluded from the eligible criteria only on the ground that they have studied 10th Standard from the school outside State of Gujarat. In that view of the matter, as object of the Rules is to give benefit to the candidates who are domicile of the State of Gujarat, we direct the respondent State to take decision forthwith on the said issue whether to continue Rule 4(3)(ii) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Page 3 of 4 C/SCA/8590/2018 ORDER Courses) Rules, 2017 in the same form or not and take appropriate decision accordingly, without loss of any time.
At the same time, as it brought to our notice that as per schedule notified by the Medical Council of India, counseling commences from today i.e. 25.06.2018, but we are not inclined to disturb the schedule notified. We expect the respondent State to take a call on the issue referred above, keeping in mind that counseling commences by the Admission Committee from today i.e. 25.06.2018 for the purpose of making admissions' to undergraduate medical courses for the academic year 201819.
We dispose of this batch of petitions with the direction as indicated above. No order as to costs. Connected Civil Applications, if any, stands disposed of.
Detailed judgment vide separate order.
(R.SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J) SATISH Page 4 of 4