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2017 Supreme(Guj) 959

R.SUBHASH REDDY, V.M.PANCHOLI
Aniket Shailendra Tripathi – Appellant
Versus
Admission Committee for Post Graduate Courses – Respondent


Advocates Appeared:
For the Appellant :Mitul Shelat and Rushabh H. Shah, Advocates
For the Respondent: Manisha Lavkumar Shah, GP

JUDGMENT :

R. Subhash Reddy, J.

1. The petitioners in Special Civil Application No. 8310 of 2017 are the candidates seeking admission to Postgraduate Degree Courses. They have filed the petition seeking Writ of Mandamus or any other appropriate Writ to declare that there cannot be any reservation in favour of in-service candidates in Postgraduate Degree Courses in the Faculty of Medicine and Dentistry in colleges within the State of Gujarat and also to declare that the reservation in favour of Physically Challenged Candidates be treated as horizontal reservation, as contemplated under Rule 7 of the Gujarat Professional Postgraduate Medical Educational Courses (Regulation of Admission) Rules, 2017.

2. Admission to Post Graduate Degree and Diploma Courses in medicine are governed by Rules titled as "Gujarat Professional Post Graduate Medical Educational Courses (Regulation of Admission) Rules, 2017", which are framed in exercise of powers conferred under sub-section (1) of Section 20 read with section 4 of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007. Rules 6 and 7 of the Gujarat Professional Post Graduate




































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