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2018 Supreme(Guj) 836

R.SUBHASH REDDY, VIPUL M.PANCHOLI
GANESHBHAI VITHTHALBHAI BARAIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
Rahul Sharma, Adv., Manisha Lavkumar, Adv., D.M. Devnani, Adv., V.D. Nanavati, Adv.

JUDGMENT/ORDER :

Vipul M. Pancholi, J.

The petitioners have filed this petition under Article 226 of the Constitution of India in which the petitioners have prayed for the following reliefs :-

"8 (A) Admit and allow this petition.

(B) Issue a writ of mandamus or any other writ, order or direction to quash and set aside Rule 6 of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Fixation of Fees) Rules, 2017, in so far as medical examination by a Medical Board constituted by the Respondent No.1 for this purpose is concerned and further quash all proceedings executed by such Medical Board, including the declarations of the Medical Board on the physical disability of the petitioners.

(C) Direct that the Respondents shall hold the disability certificates issued to the petitioners as valid for all purposes, including for purposes of admission to the MBBS and other courses.

(D) Direct the Respondents to admit the petitioners in the appropriate medical course depending upon their merit-cum-choice based on their Medical Disability Certificate.

(E) Pending final disposal of this petition, direct Respondent No.2 to admit the petitioners in the appropriate medical cou









































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