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2017 Supreme(Guj) 1801

R.SUBHASH REDDY, VIPUL M.PANCHOLI
Association of Self-Financed Ayurveda Colleges of Gujarat – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioners:Mr. D.C. Dave, Senior Advocate with Mr. Udit Vyas & Mr. Jigar M. Patel, Advocates.
For the Respondents:Mr. Prakash Jani, Additional Advocate General with Ms. Manisha L. Shah, Government Pleader and Mr. K.M. Antani & Mr. Bharat Vyas, Assistant Government Pleaders.

JUDGMENT :

R. SUBHASH REDDY, J.

1. In these four Special Civil Applications under Article 226 of the Constitution of India, validity of Rule 2(1)(i), Rule 7 and Rule 8 of Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, framed under the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007, is questioned, and therefore, they are heard together and disposed of by this common judgment. For the purpose of disposal, we draw facts from Special Civil Application No. 12829 of 2017.

2. Special Civil Application No. 12829 of 2017 is filed with the prayers, which read as under :

“(a) That this Hon’ble Court may be pleased to declare Rule 2(1)(i), Rule 7 and Rule 8 of the Gujarat Professional Medical Educational Colleges Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 as ultra-vires to the extent the same are having the effect of depriving the management of self-financed colleges engaged in imparting education in the discipline of Ayurveda at the level of graduation from granting admissions in respect of Management Seats as provided in Section




































































































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