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2022 Supreme(Guj) 818

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Aniruddha P. Mayee, J.
Nisha Maganbhai Miyatra – Appellant
Versus
State Of Gujarat – Respondent
Special Civil Application No. 9557 of 2022
Decided On : 05-09-2022

Advocates appeared:
Y.N.Ravani, Siddhant R.Shah, M.L.Shah, Nidhi Vyas, K.M.Antani, Vikas V.Nair, Ankit Shah, Advocates

Headnote:

Constitution of India, 1950 – Article 226 – Appeal – Writ petition has been filed praying for reliefs –Held, In view of mentioned findings of this Court, judgments relied upon by learned counsel for petitioner will not be of any aid to petitioner since basic criteria for entitlement to relief is that there should be no fault of candidate claiming such a relief and hence are not dealt with separately, adjudication of alternative prayer of petitioner will also not arise – Writ petition dismissed.

JUDGMENT :

1. The present writ petition has been filed praying for the following reliefs:-

    "7(A) YOUR LORDSHIPS may be pleased to issue a writ of Mandamus and/or other appropriate writ, order or direction in the nature of Mandamus by holding that the petitioner is deprived of the course of MD Paediatrics on account of the fault of respondent no.4 and that the petitioner is entitled to get/secure admission in MD Paediatrics with the respondent no.3 college and further be pleased to direct to the respondent no.2 to give admission to the petitioner in Upgraded course of MD Paediatrics in the respondent no.3 college for the year academic year 2021-2022 as peer the Office Order dated 05.05.2022 (Annexure- F) and per the petitioner to regularly attend the class as regular student;

AA. Your Lordships may be pleased to issue a writ of mandamus and/or any other appropriate writ order or direction in the nature of mandamus directing the respondent authorities to consider the case of the petitioner for giving admission either in M.D.Paediatric course or M.D.Gynaecology course as per the availability of the seats or in any other upgraded course where seats are available with the authority.

(B) Pending admission, hearing and/or final disposal of this petition, Your Lordships may be pleased to direct the respondent no.2 to make the arrangement of the provisional admission of the petitioner for the academic year 2021-2022 in the course allotted to her i.e. MD Paediatrics in respondent no.3 college with immediate effect."

2. The brief facts leading to the filing of the present writ petition are as follows:

    2.1 The petitioner is a medical student, who passed her degree of Bachelor of Medicine and Bachelor of Surgery ["MBBS" for short] from C.U.Shah Medical College, Surendranagar, from Saurashtra University in the academic year 2020. Thereafter, the petitioner appeared in the NEET-PG examination in the year 2021. The petitioner secured 497 marks out of total 800 marks with All India Rank 18225. The petitioner participated in the round 1st of the NEET-PG for the admissions in the year 2021- 22 and was successfully allotted seat for the degree in M.S. (Obstetrics & Gynecology) in Institutional Seat quota at Shri M.P.Shah Medical College, Jamnagar. Pursuant to the said allotment, the petitioner completed all the formalities and joined the course on 1.2.2022. The petitioner opted for an upgradation from the existing admission to M.S. (Obstetrics & Gynecology) and therefore, she again applied in the 3rd round of admissions. That on 29.4.2022, the merit list of 3rd round of admission was published at around 11:00 p.m. The petitioner was successful in being allotted a seat in M.D. (Paediatrics) at P.D.U. Medical College, Rajkot. In terms of the admission procedure and guidelines, necessary documents were to be submitted from 30.4.2022 to 5.5.2022 (till 4:30 p.m.). As per the guidelines, the petitioner was to report to the Help Center and generate an admission order in her favour accepting and confirming her allotment to the seat of M.D.(Paediatrics). Accordingly, the petitioner visited the Help Center between 11:00 to 12:00 noon as well as between 3:00 p.m. to 4:00 p.m. on 30.4.2022. The petitioner had taken a prior appointment for submission of documents at Help Center between 3:00 p.m. to 4:00 p.m. on 30.4.2022. Since the petitioner was allotted seat in upgradation in the course of M.D. (Paediatrics) at P.D.U. Medical College, Rajkot, she resigned from her earlier admission to the course of M.S. (Obstetrics & Gynecology) at M.P.Shah Medical College, Jamnagar. It is the case of the petitioner that on 5.5.2022, she reported to P.D.U. Medical College, Rajkot for payment of fees and verification of documents for securing admission to M.D. (Paediatrics). After reporting to P.D.U. Medical College, Rajkot, she submitted the relevant documents and also paid the course fees as per the guidelines. It is the case of the petitioner that her documents came to be acc

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