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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
Patel Yash Chandrakantbhai S/o Patel Chandrakantbhai Ishwarbhai – Appellant
Versus
Admission Committee For Professional Undergraduate Medical Courses – Respondent
R/Special Civil Application No. 6284 of 2022
Decided on : 01-04-2022
Admission - Management Quota - Rules 2017 - 4, 10 - The court held that the Admission Committee misinterpreted Rule 4 and Rule 10 of the Rules 2017. The minimum qualifying standard for MBBS and other professional courses is bifurcated into three categories: Government seats, Management seats, and NRI seats. The criteria prescribed for Government seats are to be applied to all candidates of management seats and NRI seats. The Admission Committee committed an error by not considering the petitioner for the management quota, as the petitioner's name was included in the merit list as per Rule 4 of the Rules 2017. The court allowed the petition and directed the Admission Committee to consider the petitioner for management quota seats for MBBS course applying the same criteria as per the government seats as per sub-rule (5) of Rule 4 of Rules 2017.
Fact of the Case:
The petitioner, belonging to the Socially and Educationally Backward Class (SEBC), sought admission to the MBBS course on a Management Quota Seat. The Admission Committee denied the admission on the ground that the petitioner did not secure 50% marks in 12th standard, despite the petitioner's inclusion in the merit list as per Rule 4 of the Rules 2017.
Finding of the Court:
The court found that the Admission Committee misinterpreted Rule 4 and Rule 10 of the Rules 2017. It held that the minimum qualifying standard for MBBS and other courses is to be applied to all candidates of management seats and NRI seats. The Admission Committee erred in not considering the petitioner for the management quota, as the petitioner's name was included in the merit list as per Rule 4 of the Rules 2017. The court allowed the petition and directed the Admission Committee to consider the petitioner for management quota seats for MBBS course applying the same criteria as per the government seats as per sub-rule (5) of Rule 4 of Rules 2017.
Issues: The issues revolved around the interpretation and application of Rule 4 and Rule 10 of the Rules 2017, specifically regarding the eligibility criteria for admission to MBBS and other professional courses under Government seats, Management seats, and NRI seats.
Ratio Decidendi: The court's decision was based on the misinterpretation of Rule 4 and Rule 10 of the Rules 2017 by the Admission Committee. It emphasized that the minimum qualifying standard for MBBS and other courses is to be applied to all candidates of management seats and NRI seats, as per the amendment Rules 2020. The Admission Committee erred in not considering the petitioner for the management quota, despite the petitioner's inclusion in the merit list as per Rule 4 of the Rules 2017.
Final Decision: The court allowed the petition and directed the Admission Committee to consider the petitioner for management quota seats for MBBS course applying the same criteria as per the government seats as per sub-rule (5) of Rule 4 of Rules 2017.
JUDGMENT :
1. Heard learned advocate Mr. Udit N. Vyas for the petitioner and learned advocate Mr. K.M. Antani for the respondent.
2. Rule returnable forthwith. Learned advocate Mr. K. M. Antani waives service of notice of rule on behalf of the respondent.
3. By this writ petition under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs:
[b] That pending admission, hearing and inal disposal of the present petition, this Hon’ble Court may be pleased to direct the Respondent Committee to grant admission to the Petitioner in MBBS course on a Management Quota Seat in an institute of his choice in the order of merit as a student belonging to Socially and Economically Backward Class, on such terms and conditions that this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case; and
[c] That this Hon’ble Court be pleased to pass such other and further relief as the nature and circumstances of the case demand.”
4. The brief facts of the case are that the petitioner who belongs to the Socially and Educationally Backward Class (SEBC) secured 48.8% in Higher Secondary Class (HSC) -12th Standard and therefore was eligible to be included in the merit list as per Rule 10 of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules,2017 [for short ‘the Rules,2017’] read with Rule 4.
4.2) It is the case of the petitioner that as per the merit list prepared by the respondent - Admission Committee under the Rules 2017, the name of the petitioner appears at Serial No. 6958 in General Merit List and at Serial No. 2374 in SEBC merit list as declared on 16.01.2022.
4.3) The petitioner therefore, applied on the designated portal of the respondent- Admission Committee as per the prescribed procedure for being allotted a seat in the MBBS Course or any other professional medical course as per the merit list. The petitioner completed on-line choice filling formalities for the First Round of counselling on 29.01.2022.
4.4) Result of the First Round of counselling was declared on 01.02.2022 wherein the petitioner was allotted C.D. Pachchigar College of Homeopathic Medicine and Hospital, Surat on Government quota(SEBC Category).
4.5) It is the case of the petitioner that the petitioner had also preferred for being admitted on a Management Quota seat available at Zydus Medical college and Hospital, Dahod for MBBS course in priority to C.D. Pachchigar College of Homeopathic Medicine and Hospital, Surat on Government quota (SEBC Category). It is pointed out by the petitioner that as per the provisional allotment list published by the respondent Committee, the last candidate to be admitted on Management Quota seat at the Zydus Medical College and Hospital, Dahod for MBBS course had secured 392 marks at NEET 2021 and was at Serial No.7052 in the General Merit list as against the petitioner who has secured 394 marks in NEET 2021 and the petitioner was at serial no. 6958 in General merit list.
4.6) The petitioner has therefore preferred this petition with the prayer that the petitioner ought to have been allotted Management quota seat at Zydus Medical college and
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