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2011 Supreme(Guj) 400
2011 (3) GLR 2075
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.J. MUKHOPADHAYA, J.B.PARDIWALA
VRUSHALI HIREN SHAH – Petitioner
Versus
SMT NHL MUNICIPAL MEDICAL COLLEGE THROUGH CHAIRMAN - Respondent
SPECIAL CIVIL APPLICATION No. 7445 of 2011
Decided on : 05/07/2011
MR DC DAVE for Petitioner(s): 1,
MR ABHISHEK MEHTA for M/S TRIVEDI & GUPTA for Respondent(s): 1,
Headnote:
Constitution of India, 1950 - Article 226 - Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Payment of Fees) Rules, 2008 - Rule 4 - Income Tax Act, 1961, 1961 - Sections 2(30), 2(42) and 6(1) - writ petition has been preferred by a student being aggrieved by the action of the respondent in cancelling her admission for post-graduate course in the branch of General Medicine for the academic year - Held, In matters relating to internal working of an educational institution and more particularly, in the matter of admissions, the Court will not interfere unless the act complained of is clearly beyond jurisdiction or contrary to the statutes, rules or regulations governing the institution, or there is a statutory duty which the authority has failed to perform or the impugned act is mala fide or arbitrary - It is not established that the act of the respondent in cancelling the admission of the petitioner is beyond or contrary to the statutes, rules or regulations or is unreasonable, nor it is demonstrated that the said action of the respondent is arbitrary in any manner - Petition dismissed
HONOURABLE MR.JUSTICE J.B.PARDIWALA
This writ petition has been preferred by a student being aggrieved by the action of the respondent in cancelling her admission for post-graduate course in the branch of General Medicine for the academic year 2011-2012 in N.R.I. category of seats.
2. Brief facts giving rise to this petition can be summarised as under:
1. The petitioner passed her 12th Standard Examination in Science Stream conducted by the Gujarat Secondary and Higher Secondary Education Board, Gandhinagar in the academic year 2003-2004. The petitioner was in a position to secure admission in the order of merit in the academic year 2003-2004 at Pramukhswamy Medical College, Karamsad as a student of 1st M.B.B.S.
2. Record reveals that the petitioner cleared her M.B.B.S. in academic year 2009-2010. After completion of her internship in the month of March 2010, the petitioner proceeded towards U.S.A. in the month of May 2010. In the month of November 2010, the petitioner returned to India as per the terms of her visa.
3. In February 2011, the respondent – Smt.N.H.L. Municipal Medical College, which is run and managed by the Ahmedabad Municipal Corporation, put on its website rules for admission for post-graduate courses in the discipline of Medicine for N.R.I. category of seats.
4. The petitioner applied for admission in the N.R.I. category of seats in the setup of the respondent pursuant to the rules for the current academic year 2011-2012 at the level of post-graduation in the faculty of Medicine.
5. The petitioner submitted her application accompanied by relevant documents to show her status as 'Non-Resident Indian' within the meaning of the rules.
6. Record reveals that the application was initially accepted by the respondent. One of the documents on which the petitioner relied upon to put forward her claim of being a 'Non-Resident Indian' is a certificate dated 11th March 2011 issued by one Mr.Mukesh M.Patel, an advocate and tax consultant, stating that in view of the fact that the petitioner was out of India from 31.5.2010 to 29.11.2010 and from 7.3.2011 to 9.3.2011 i.e. for a total number of 186 days during the financial year, she is eligible to apply for admission to the post-graduation courses in N.R.I. category of seats.
7. Respondent, vide communication dated 28th March 2011, asked the petitioner to remain present for the purpose of counselling on 9th April 2011 in the premise of the respondent. In the first round of counselling, it appears that the petitioner opted for General Medicine as the branch of her choice at the level of postgraduation. On 9th April 2011, the petitioner was issued admission letter by the respondent at the level of post-graduation in the branch of General Medicine for the academic year 2011-2012 in N.R.I. category of seats. The petitioner was required to join the concerned course in the setup of the respondent by reporting for the same latest by 15th April 2011. The petitioner reported for the said course and thereupon join the same with effect from 15th April 2011.
8. On 14th June 2011, the petitioner was called in the office of the respondent and was informed that she was not eligible for admission in respect of N.R.I. category of seats on the basis of her stay outside India for a period of 186 days and, therefore, her admission to N.R.I. category of seats would stand cancelled.
9. Record reveals that the respondent took the decision to cancel the admission of the petitioner on the ground that the petitioner visited foreign countries in the year 2010-2011 on visitor's visa and stayed outside India for a period of 186 days. To put it more precisely, the stay outside India on visitor's visa would not make a student eligible for consideration as a 'Non-Resident Indian' to get admission in the quota of N.R.I. category of seats.
10. It is at this stage that the petitioner thought fit to prefer this petition challenging the action and decision of the respondent in cancelling the admission f
