JUDGMENT :

Heard learned advocate Mr.Digant Popat appearing on behalf of learned advocate Mr.Dilip Kanojiya for the petitioner, learned Assistant Government Pleader Mr.Dhawan Jayswal for the respondent No.1 – State and learned advocate Mr.K.M. Antani for the respondent No.2.

2. Learned advocate Mr.Popat has tendered a draft amendment. The same is allowed in terms of the draft. To be carried out forthwith.

3. Having regard to the controversy raised in this petition in narrow compass and considering the future of the petitioner, who is an aspiring student to get admission in the M.B.B.S. course to become a Doctor, with the consent of the learned advocates for the respective parties, the matter is taken up for hearing.

4. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

“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 direction, directing that the condition that a student has to pass 10th standard from an institution situated in the State of Gujarat as mentioned in Rule 4(3)(iii) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, shall not apply to the petitioner who is the domicile of the State of Gujarat and that the petitioner shall be considered as eligible to secure admission under the State Merit List;

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 the respondent authorities not to consider the petitioner ineligible for securing admission under State Merit List in Professional Medical Educational Courses as per the Provisions of Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 only because he has studied Standard 10th from an institution situated outside the State of Gujarat;

C. During the pendency of the petition, your Lordships may be pleased to direct the Respondent Authorities to consider the admission of petitioner in State Merit List for securing admission in the Professional Medical Educational Courses;

D. Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of mandamus or any other appropriate writ, order or directions directing the respondent authorities to grant an exemption to the petitioner by passing a notification akin to notifications dated 25.06.2018, 15.06.2019 and notification dated 09.11.2020 or to extend the effect of such notification till the time the candidate attains the age of 25 years;

E. Pass any such other and/or further orders that your Lordship deems appropriate, just and proper, in the facts and circumstances of the present case.”

5. The brief facts of the case are that the petitioner is a domicile of the State of Gujarat. The petitioner studied 10th standard outside the State of Gujarat in the Science stream in the year 2017.

5.1 It is the case of the petitioner that the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 (for short “the Rules, 2017”) came into effect in the year 2018. According to the Rule 4(3)(iii), the petitioner is required to pass 10th standard from the Gujarat Board or any school of any other Board situated in the State of Gujarat. The petitioner was eligible for getting the admission in the M.B.B.S. course for the academic year 2020-21.

5.2 It is the case of the petitioner that the petitioner had applied for admission process for the year 2020-21 and was also eligible for admission in management quota, however, because of the financial condition, the petitioner did not opt for the admission in management quota for the academic year 2020-21.

5.3 The petitioner, thereafter, again appeared for National Eligibility cum Entrance Test (UG) (for short ‘NEET’) for the academic year 2021-22. The petitioner pref