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2022 Supreme(Guj) 1347

ARAVIND KUMAR, ASHUTOSH J. SHASTRI
SAUMIL HETALKUMAR SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: ASIM PANDYA, SHYAM M. SHAH.
For the Respondents: MANISHA LAVKUMAR, K.M. ANTANI.

JUDGMENT :

ARAVIND KUMAR, J.

1. Both these petitions are filed under Article 226 of the Constitution of India challenging the validity of eligibility criteria prescribed for admission to MD/MS/Diploma/CPS and MDS courses for the academic year 2022-2023 uploaded on the Website on 15.09.2022 at 2.15 p.m.

2. Since the challenge laid in both these petitions are one and the same, by consent of learned advocates appearing for both, these petitions have been taken up together for hearing by treating Special Civil Application No. 19057 of 2022 as lead matter.

3. The precise prayers made in the petition are reproduced hereunder from the lead matter:

    “(7A) To pass appropriate direction, order or writ, declaring that Eligibility Criteria (No. 2) for admission in MD/MS/Diploma/CPS and MDS Courses for the Academic year 2022-2023, as uploaded on website (www.medadm qujarat.org) of Admission Committee for Professional Post Graduate Medical Course (ACPPGMEC)-respondent no. 2 on 15.09.2022 at 2.15 p.m. (at Annexure P1/Pg.18) is ultra-vires to the Gujarat Professional Medical Educational Colleges or

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