Important Point—Admission to Professional Medical Educational Courses in NRI Dependent Quota is governed solely by Rule 7(1)4(C).

1. Rule. Ms.Sangeeta Vishen, learned Assistant Government Pleader, waives service of notice of Rule for the respondents. Considering the facts of the case, the learned counsel for the respective parties submit that the petition may be heard and decided finally, at this stage.

2. The challenge in this petition under Article 226 of the Constitution of India, is to Rule 7(1)C(4) of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees) (Amendment) Act, 2015 (“the Rules” for short), published vide Notification dated 29.05.2015, in exercise of powers conferred by subsection (1) of Section 20 read with Section 4 of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fess) Act, 2007. The petitioner has further prayed to direct the respondents to distribute the NRI Dependant Quota seats on prorata basis according to the different Boards and prepare a meritlist of NRI Dependant Quota seats as per Rules 10 and 11 of the Rules.

3. The petitioner is a student who has completed the 12th standard in May 2015 from the Gujarat State Education Board. The petitioner has secured 83.25% marks in the said examination and has also appeared in the GUJCET examination, securing 98.75/120 marks. Being desirous of obtaining admission in the MBBS course, the petitioner applied for admission to the said course under the NRI Dependent Quota in (1) NHL AMC Ahmedabad, (2) AMC MET Ahmedabad (3) SMI MER Surat, (4) Karamsad Medical College Karamsad, (5) CU Shah Medical College, Surendranagar, (6) GCS Medical College, Ahmedabad and (7) Adani Medical College, Bhuj, pursuant to advertisements issued by the above colleges and institutions. According to the petitioner, Rule 7(1)C(4) of the Rules, which lay down the procedure for admission to NRI seats, is discriminatory and arbitrary as it does not take into consideration the distribution of seats between the students of the Gujarat Board and other Boards on a prorata basis, as provided in Rule 10 of the Rules in respect of the NRI Dependent Quota under which the petitioner falls.

4. Mr.A.S.Asthavadi, learned counsel for the petitioner, has submitted that Rule 7(1)C(4) of the Rules stipulates that admission to the NRI seats shall be given by the management of the respective Professional Medical Educational Colleges or Institutions on the basis of inter se merit of the candidates, by taking into consideration the total theory marks obtained in the subjects of Physics, Chemistry and Biology, only in the manner provided in the said Rule. It is submitted that the operation of this Rule would mean that candidates from other Boards in the country, including the Gujarat Board, would compete in the inter se merit, resulting in discrimination against students such as the petitioner, who have studied from the Gujarat Board, as the marks obtained by students in other Boards may be higher than the marks obtained by the students of the Gujarat Board. Though the students of the Gujarat Board are capable and meritorious, they are unable to obtain a higher percentage, therefore, it is necessary to apply the Rule of prorata distribution of seats as per Rule 10 to the admission process for the NRI Dependant Quota.

5. Referring to Rule 10 of the Rules, the learned counsel for the petitioner has submitted that this Rule stipulates that for the purpose of admission, the available seats shall be distributed between students of Gujarat Board and other Boards on prorata basis taking into consideration the number of students passed from the Gujarat Board, Central Boards and the Council of Indian School Certificate Examinations, New Delhi, in the relative academic year. Learned counsel for the petitioner has emphatically submitted that the reference to Central Boards is in the plural, which means that there are more than one Central Board. It is submitted that the placement of Rule 10 is after Rule 7(1)A, concerning Government Quota,