K.M. THAKER, J.

1. Heard Mr. Joshi, learned advocate for the petitioner and Ms. M.L.Shah, learned GP for the respondent.

2. Present petition is taken out by a student who completed his studies from Std-IX to Std-XII in State of Gujarat and passed the examination of Std-XII (conducted by Central Board of Secondary Education) from Gujarat State. The fact that the petitioner persuaded his studies for Std-XII and cleared the examination of Std-XII from the State of Gujarat is not in dispute.

3. The petitioner has prayed, inter alia, that:

"20(A) Issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India and be pleased to quash and set aside the action of the Respondents of not treating the Petitioner to be a domicile of the State of Gujarat and of including him in the list of ineligible candidates for admission to Under-Graduate Medical Courses in the State Quota.

(B) Issue a Writ of Mandamus of a writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India and be pleased to include the name of the Petitioner in the list of eligible candidates and to permit him to participate in the 2nd round of counseling and to be considered for admission against the seats being offered in the 2nd round of Counseling undertaken by the Respondent Committee.

(C) Pending admission and final hearing the Honourable Court be pleased to stay the decision of the Respondents of including the name of the Petitioner in the "list of students whose Domicile Certificate" rejected by 'Domicile Certificate Verification Committee'.

(D) Pending admission and final hearing of the Petition, the Honourable Court be pleased to direct the Respondent Authorities to keep 1 seat vacant in the SIMMER MEDICAL COLLEGE, Surat to which the Petitioner is entitled to get admission on the basis of his standing on merits."

4. This petition came to be filed on or around 10.8.2018 and on 13.8.2018 this Court passed below quoted order:

"Rule returnable on 16.08.2018. Learned A.G.P. Mr. Ronak Raval waives service of Rule for the respondents."

5. Subsequently, the matter was heard on 16.8.2018, 20.08.2018 and 21.8.2018.

5.1 During the said proceedings i.e. from 13.8.2018 to 21.8.2018 certain development took place, with regard to the subject matter of the petition.

5.2 The said developments are mentioned/recorded in the Order which is passed in CA/1/2018 (IA/1/2018) in SCA No. 12499/2018. Therefore the said details are not repeated in present order.

5.3 Suffice it to say that in light of the developments and in light of the details and reasons which are recorded in the order dated 23.8.2018 passed in above mentioned CA/1/2018 in SCA No.1249/2018, a request by the petitioner namely to challenge the two orders which came to be passed by the competent authority on 20.8.2018 is granted.

5.4 By the said orders dated 20.08.2018 the respondents have refused and declined petitioner's request for Domicile Certificate.

6. Whether the said decision is correct and justified or not is the issue required to be considered in present petition.

7. So as to consider the said issue, it would be relevant to take into account certain facts which are narrated by the petitioner in Paras-3 to 15 of the petition. The said details read thus:

"3. The Petitioner is a citizen of India and is entitled to enforcement of his fundamental and legal rights. The Respondent No.1 is the Domicile Certificate Verification Committee constituted by the State of Gujarat for the purpose of verification of the Domicile Certificate issued in favour of the Students seeking to pursue admission in Medical and Para Medical Courses in the State of Gujarat. The Respondent No.2 is a Committee constituted for the purpose of regulating admission in Professional Medical a