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2006 Supreme(Guj) 396

R.S.GARG, M.R.SHAH
VINODKUMAR RASIKLAL VAHONIYA – Appellant
Versus
UNIVERSITY OF BHAVNAGAR – Respondent


Advocates Appeared: A.R.THAKER, HEMANT K.MAKWANA, J.R.NANAVATI, K.B.TRIVEDI, N.V.SOLANKI, SANGEETA VISHEN

R. S. GARG, J.

( 1 ) THE petitioner-Vinodkumar Rasiklal Vahoniya being dissatisfied by non-fructification of his desire/strong will to secure admission in Post-Graduate Degree Course run by the respondent No. 1-University of bhavnagar, is before this Court with a challenge to and submission that admission to post-graduate course other than M. Ch. and D. M. , specially, Rules 4. 1, 4. 2, 4. 3, 5. 4 (a) and 5. 4 (b) be declared as unconstitutional being arbitrary, as they enable Bhavnagar University to convert a reserved seat, reserved for Scheduled tribe candidate into unreserved seat and that a writ be further issued that the petitioner is entitled to admission in post-graduate course (Medicine) and that admission of respondent No. 3, namely, Dr. Ripal H. Dhariya is contrary to the provisions of Art. 15 (4) and the policy of the State in relation to reservation and admission to reserved candidates.

( 2 ) IT is to be noted that respondent No. 1-Bhavnagar University ("university" for short) started imparting education in Medical Courses since 1996 and was recognized as such by Medical Council of India. The University declared P. G. Medical Courses in various subjects other than M. Ch












































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