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1997 Supreme(Guj) 16

J.M.PANCHAL
HEMANT L. LEUVA – Appellant
Versus
H. S. SHAH, CHAIRMAN, ADMISSION committee and DEAN – Respondent


Advocates Appeared: A.Y.KOGJE, NILESH ANJARIA, R.D.Pathak

J. M. PANCHAL, J.

( 1 ) BY means of filing this petition under Art. 226 of the constitution the petitioner has prayed to issue appropriate writ or order directing respondent Nos. 1, 2 and 3 or any of them to forthwith grant admission to the petitioner as a student in N. H. L. Municipal Medical College, Ahmedabad in M. S. (Ortho.) Discipline.

( 2 ) THE petitioner passed 3rd M. B. B. S. (New) examination which was held in november, 1994 and is duly registered with Gujarat Medical Council, Ahmedabad. The petitioner belongs to Scheduled Caste. As the petitioner was interested in Post- graduate Studies, he applied to the Gujarat University for admission to Post-Graduate studies in M. S. (Ortho.) Discipline. The petitioner was called for interview on July 9, 1996 and at the interview also the petitioner indicated his inclination to be admitted in M. S. (Ortho.) Discipline. Respondent No. 2 prepared a merit list. In the merit list, name of the petitioner was shown at serial No. 216 so far as general category was concerned. Another merit list of students belonging to Scheduled Caste was also prepared wherein name of the respondent No. 4 was mentioned at serial No. 7 whereas petitioners name














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