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 course based on their merit-cum-choice.

(F) Pass any such other orders as may be deemed fit, proper and just in the interest of justice pending admission, hearing and final disposal of the present petition."

2. The factual matrix of the present case is as under :

2.1 The petitioners are students with physical disabilities who have undertaken National Eligibility cum Entrance Test ('NEET' for short), 2018 for taking admission to the different local colleges of the State of Gujarat and India. It is stated that they have passed their standard 10th and standard 12th examination from Gujarat and are also domicile in Gujarat. The petitioners possess disability certificates issued by the designated competent authorities at the relevant point of time. The Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as 'the Act of 2016') provides that disability certificate shall be issued by the designated competent authority. Further, the disability of more than 40% is required, to be eligible for admission under the physically disabled category. It is stated that the petitioners have disability of more than 50%.

2.2 The admission to the MBBS course in various medical colleges of India are based on performance of candidates at NEET examinations. It is stated that scheme of admissions in medical courses is that 15% of the seats in each medical college is filled up by all India quota whereas rest of 85% seats are filled up by the respective states. It is further stated in the petition that Medical Disability Certificates obtained by the petitioners were under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2010 (hereinafter referred to as 'Rules of 2010'). The petitioners have referred to the Regulations on Graduate Medical Education (Amendment), 2017 (hereinafter referred to as 'the Regulations').

2.3 The petitioners have challenged the validity of Rule 6 of the Gujarat Professional Medical Educational Courses (Regulation of Admission and Fixation of Fees) Rules, 2017 (hereinafter referred to as 'Rules of 2017') insofar as medical examination by Medical Board constituted by the respondent no.1 is concerned. The petitioners have challenged the said Rule mainly on the following grounds :-

"(a) That the impugned Rule would be contrary to Section 57(1) of the Act, 2016 in as much as the impugned rule stipulates constitution of a Medical Board as against the said Section 57(1) which prescribed for a certifying Authority for issuance of disability certificate.

(b) The Medical Board, constitution of which has been prescribed by the impugned Rule, would be without jurisdiction as the same is contrary to Section 57(1) of the Act of 2016.

(c) The certificates held by the petitioners being valid under the Act, must