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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ARAVIND KUMAR, ASHUTOSH J. SHASTRI, JJ.
SAUMIL HETALKUMAR SHAH – Petitioner
Versus
STATE OF GUJARAT – Respondent
Special Civil Application Nos. 19057, 19059 of 2022
Decided On : 04-10-2022
ELIGIBILITY CRITERIA - ADMISSION - MD/MS/DIPLOMA/CPS AND MDS COURSES - GUJARAT PROFESSIONAL MEDICAL EDUCATIONAL COLLEGES OR INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEES) ACT, 2007 - RULES 2018 - AMENDMENT RULES, 2022 - VALIDITY - CHALLENGE - COURT ANALYSIS AND CONCLUSION - HELD, AMENDED RULE TAKES CARE OF INTEREST OF STUDENTS OF STATE OF GUJARAT TO A LARGER EXTENT BY RETAINING THE LATTER PART OF SUBSTITUTED RULE - HENCE, CHALLENGE MADE BY THE PETITIONERS DESERVES NO CONSIDERATION - PETITIONS DISMISSED.
Fact of the Case:
PETITIONERS ARE CANDIDATES SEEKING ADMISSION TO POSTGRADUATE MEDICAL COURSE AFTER QUALIFYING IN NEET PG EXAM, 2022. THE RESPONDENT NO. 2 ISSUED AN ADVERTISEMENT FOR ONLINE REGISTRATION FOR ADMISSION IN POSTGRADUATE MD/MS/DIPLOMA/CPS AND MDS COURSES FOR ACADEMIC YEAR 2022-23. ONLINE REGISTRATION OPENED UP ON 15.09.2022 TILL 21.09.2022 AND THE DOCUMENT VERIFICATION AND SUBMISSION OF PHOTOCOPIES AT THE HELP CENTER TO BE PLACED FROM 16.09.2022 TILL 22.09.2022. IN RESPONSE TO THIS ADVERTISEMENT, PETITIONERS ARE SAID TO HAVE LOGGED THEIR CANDIDATURE ON 15.09.2022 INTO THE WEBSITE OF RESPONDENT NO. 2 FOR THE PURPOSE OF PIN FOR REGISTRATION OF ADMISSION AND ON THE MAIN REGISTRATION PAGE ITSELF, PETITIONERS WERE SHOCKED AND SURPRISED TO SEE AN UPDATE REGARDING THE IMPUGNED ELIGIBILITY CRITERIA WITH THE DATE AND TIME OF UPLOADING BEING 15.09.2022 AT 2.15 P.M. AS INDICATED ON THE WEB PAGE.
Finding of the Court:
AMENDMENT OF THE RULES WITH REGARD TO ELIGIBILITY CRITERIA IS BROUGHT WITH A VIEW TO ENSURE MORE MERITORIOUS CANDIDATES AND TO SECURE BEST TALENT IN THE FIELD OF MEDICINE WHO ARE BORN IN STATE OF GUJARAT AND ARE DOMICILE OF GUJARAT. THE BASIC STRUCTURE OF ELIGIBILITY CRITERIA HAS NOT DAMAGED THE STATE QUOTA OR ALTERED THE POSITION TO THE DETERRENT OF THE PETITIONER OR SIMILARLY PLACED CANDIDATES. ON THE CONTRARY, WITH A VIEW TO GIVE MORE NUMBER OF STUDENTS A CHANCE TO PARTICIPATE WHO BELONG TO THE STATE OF GUJARAT IT IS INTENDED UNDER AMENDED RULE TO INCLUDE SUCH CANDIDATES ALSO AND AS SUCH, QUESTIONING OF VALIDITY OF RULE IS ILL-FOUNDED IN OUR OPINION.
Issues: WHETHER THE AMENDED RULE TAKES CARE OF INTEREST OF STUDENTS OF STATE OF GUJARAT TO A LARGER EXTENT BY RETAINING THE LATTER PART OF SUBSTITUTED RULE.
Ratio Decidendi: THE AMENDED RULE TAKES CARE OF INTEREST OF STUDENTS OF STATE OF GUJARAT TO A LARGER EXTENT BY RETAINING THE LATTER PART OF SUBSTITUTED RULE. HENCE, CHALLENGE MADE BY THE PETITIONERS DESERVES NO CONSIDERATION.
Final Decision: PETITIONS DISMISSED.
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:
(7AA) To pass appropriate direction, Order or Writ, declaring that the Rule 4(2) Gujarat Professional Post-Graduate Medical Educational Courses (Regulation of Admission) (Amendment) Rules, 2022 (At Annexure-P7) is unconstitutional and is ultra-vires to the The Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act and the Constitution of India. (As per the order dated 26.09.2022).
(B) To pass appropriate direction, order or writ quashing and setting aside 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.medadmqujarat.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).
(BB) To pass appropriate direction, order or writ quashing and setting aside the Rule 4(2) of the Gujarat Professional Post-Graduate Medical Education Courses (Regulation of Admission) (Amendment) Rules, 2022 (At Annexure P-7) (As per the order dated 26.09.2022)
(C) Pending admission and final hearing of the present petition, be pleased to stay the 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.medadmgujarat.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).
(CC) Pending admission and final hearing of the present petition, be pleased to stay the effect and implementation of Rule 4 (2) of the of the Gujarat Professional Post-Graduate Medical Education Courses (Regulation of Admission) (Amendment) Rules, 2022 (At Annexure P-7) (As per the order dated 26.09.2022)
(D) Pending admission and final hearing of the present petition, be pleased to restrain the respondent no. 2 from considering the Registration Forms of the candidates who have passed their M.B.B.S. and B.D.S. courses from Universities other than those enacted under the laws of State of Gujarat and situated in Gujarat.
(E) Be pleased to pass any such other and further order which this Hon’ble Court may deem fit and appropriate in the interest of justice and equity.”
4. The brief background of the facts which has given rise to these petitions are:
A young student should not feel that his entire industry to get himself qualified in the examination becomes meaningless because of some fault or dramatic design of certain authorities and they can g....
Legitimate classification based on residency for admission into medical programs is constitutional, ensuring local residents benefit while maintaining educational standards contrary to claims of disc....
Eligibility criteria for academic admissions cannot be altered after the admission process has commenced, ensuring fairness in selection.
Reservation of postgraduate medical seats based on domicile is constitutional, supporting local education while respecting equality principles.
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