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2013 Supreme(Guj) 353

BHASKAR BHATTACHARYA, J.B.PARDIWALA
SHEETAL YESHWANTKUMAR PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR AJ YAGNIK with MR SAHIL M SHAH, ADVOCATE for the Petitioner No.1
MS VACHA DESAI, AGP for the Respondents No. 1

JUDGMENT

J.B. PARDIWALA, J.

This writ-application under Article 226 of the Constitution of India is at the instance of a student who has been denied admission in the professional courses such as M.B.B.S./B.D.S. on the ground of not having studied in a C.B.S.E. school located within the State of Gujarat, and has prayed for the following reliefs :

“(A) To hold and declare that Rule 5(A)(ii) of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees) (Amendment) Rules, 2013 as illegal and ultra vires the Constitution of India in so far as it makes a student of Gujarati origin and domicile of Gujarat ineligible from getting admission in the professional courses such as M.B.B.S./B.D.S. on the ground of not having studied in CBSE Schools located in the State of Gujarat and be pleased to quash and set aside the same;

(B) to direct the Respondents to consider the case of Petitioner for admission to the professional courses including admission into M.B.B.S. course, on the basis of her merit, and in accordance with law;

(C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the Respondents to conside






















































































































































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