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2020 Supreme(Guj) 944

VIKRAM NATH, J.B.PARDIWALA
Patel Shreyaskumar Kamleshkumar – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr A J Yagnik
For the Respondent:Mr Kamal Trivedi, Advocate General With Mr Satyam Chhaya Ms Manisha Lavkumar Shah, Government Pleader

JUDGMENT :

J.B. PARDIWALA, J.

1. By this writ application under Article 226 of the Constitution of India, the writ-applicants, third year MBBS students, have prayed for the following reliefs :

    “A. Be pleased to hold and declare that impugned resolution dated 17.07.2020 issued by Department of Health and Family Welfare, Government of Gujarat and following circular dated 22.07.2020 and show cause notice 23.07.2020 is arbitrary, discriminatory, irrational, de hors the power, disproportionate, unreasonable exercise of power suffers from unreasonable restriction on fundamental rights and excessive delegation of legislative power without guideline and in addition violative of Section 65 of the Disaster Management Act 2005 read with sub-clause 9 of clause 11 of Gujarat Covid Regulations 2020 notified on 13.03.2020 and be pleased to therefore declare the same to be violative of Articles 14, 19 & 21 of the Constitution of India and hence being unconstitutional be further pleased to quash and set aside the same;

B. Be pleased to permanently restrain the Respondent from operating, implementin

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