ORDER :

1. The present Special Civil Application is filed by the petitioner to declare Rule 4(7)(i) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 (for short ‘Rules 2017’) insofar as it requires a student to have studied under Jawahar Navodaya Scheme upto standard VIII in any of the schools located in the State of Gujarat as ultra-vires. A writ of mandamus under Article 226 of the Constitution of India is prayed for seeking a direction to the respondent authorities to include the name of the petitioner in the provisional merit list for Medical, Dental, Homeopathy, Ayurvedic and Naturopathy courses for the year 2019, NEET UG-2019 based ST merit list.

2. Here is a case where a tribal whose son - the petitioner who is born in Gujarat, is a domicile of Gujarat, has studied upto standard VIII in a Dadra and Nagar Haveli school affiliated to the Gujarat Board is denied admission to the professional course of medical field on the ground that though the petitioner has passed his standard XII from the Jawahar Navodaya Vidyalaya in Silvassa (Union Territory of Dadra and Nagar Haveli) and has therefore passed his qualifying