Point of Law: A young student should not feel that his entire industry to get himself qualified in the examination becomes meaningless because of some fault or dramatic design of certain authorities and they can get away by giving some amount as compensation. It may not only be agonising but may amount to grant of premium either to laxity or evil design or incurable greed of the authorities.

JUDGMENT :

J.B. PARDIWALA, J.

1. This appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful writ applicant of a writ application and is directed against the judgment and order passed by a learned Single Judge of this Court in the Special Civil Application No.3576 of 2020 dated 14.10.2020, by which, the learned Single Judge declined to grant the relief as prayed for and rejected the writ application.

2. The facts in brief giving rise to this appeal may be summarized as under;

2.1 The appellant (original writ applicant) came before this Court by filing the Special Civil Application No.3576 of 2020 with the following prayers;

“(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondent authorities not to consider the petitioner as ineligible for securing admission in the professional medical educational courses as per the provisions of Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 only because she has studied Std.10 from the institution situated outside the State of Gujarat;

ALTERNATIVELY

(B) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions directing that rule (4)(3)(ii) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, shall not apply to the petitioner who is domicile of the State of Gujarat and had to take admission in 2016-18 in Standard 09th and 10th in the institution situated outside State of Gujarat;

(C) During the pendency and final disposal of the present petition, Your Lordships may be pleased to direct the respondent authorities not to consider the petitioner as ineligible for securing admissi0on in the professional medical educational courses as per the provisions of Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 only because she has studied Std.10 from the institution situated outside the State of Gujarat;

(D) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case.”

2.2 It is the case of the appellant that she is residing with her parents in the State of Gujarat since the year 1997. The father of the appellant owns an immovable property being a residential flat.

2.3 The appellant is a student with a brilliant academic record. The appellant secured Grade A1 (96.4%) in the Standard 10th and Grade A1 (95%) in the Standard 12th. The appellant successfully cleared the National Eligibility cum Entrance Test (NEET) and is desirous of securing admission in the Professional Medical Course in the State of Gujarat.

2.4 It is the case of the appellant that upto Standard 8th, she studied in the State of Gujarat. As few well established institutes at Kota-Rajasthan are imparting coaching for the NEET, the appellant left for Kota from Standard 9th onwards. She studied in the Standard 9th and 10th respectively at Kota.

2.5 After completing the Standard 9th and 10th at Kota, she took a transfer to the Gyaan Kendra, CBSE School, situated at Umargaon, District : Valsad, State of Gujarat. She cleared her Standard 11th and 12th exams from the said school at Umargaon.

2.6 It is pointed out by the appellant that when she secured admission in Standard 10th in the Disha Delhi Public School at Kota, Rajasthan, there was no requirement of studying Standard 10th from the school located in the State of Gujarat. It is her case that she secured admission in the Standard 10th at Kota on 14.03.2017. It is pointed out that the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 came to be introduced on 23.06.2017. Thereafter, by way of an amendment in Rule 4, the requirement of passing of Standard 1