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2021 Supreme(Guj) 79

BIREN VAISHNAV
Surela Zarna Nareshbhai – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. SHALIN MEHTA, SENIOR COUNSEL WITH MR HEMANG M SHAH, adv
For the Respondent:MR. SIDDHARTH DAVE, ADVOCATE FOR MR DEVANG VYAS, MR PREMAL R JOSHI, MR. KM ANTANI, adv

JUDGMENT :

1. Conscious of the settled legal position that if the rule of merit is defeated by inefficiency, inaccuracy or improper method of admission, then it can be interfered and that if the merit alone is criteria for admissions, circumvention of merit is not only impermissible but is also abuse of process of law, this court has taken up these petitions for hearing.

1.1 The petitioners, in these petitions, are students who have been granted conditional admission by their respective colleges affiliated to the respective Universities to pursue the course in the Bachelor of Homeopathic Medicine and Surgery (B.H.M.S) and Bachelor of Ayurvedic Medicine and Surgery (B.A.M.S) respectively. The petitioners have been granted conditional admission by the colleges to pursue the respective B.H.M.S and B.A.M.S courses for the year 2019-20 subject to the lowering of percentile in NEET 2019-2020 examinations. In this context, the prayers of the petitioners is for issuance of a writ of mandamus commanding the respective respondents to hold discussion and thereby lower the qualifying percentile in NEET 2019-20 examination, so as to enable the petitioners to secure admission to the BAMS/BHMS cour

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