JUDGMENT :

1. Heard learned Senior Advocate Mr. Dhaval Dave for learned Advocate Mr. Jeet J. Bhatt for the petitioner and learned Government Pleader Ms. Manisha Lavkumar with learned AGP Mr. Sahil Trivedi for the respondent No.1 and 3 and learned Advocate Mr. K.M. Antani for the respondent No.2.

2. By way of this petition, the petitioner has prayed for the following relief.

“34. Therefore, the petitioner prays before this Hon’ble Court that:

A. To kindly allow this petition.

B. Be pleased to issue a writ of mandamus or any other writ in the nature of mandamus or any other appropriate writ, order or direction declaring the impugned communication dt 24.07.2023 (Ann-A-Colly) issued by the respondent authorities as illegal, discriminatory and violative of Art 14 of Constitution of India and further quashing and setting the same and further directing that the petitioner may be considered eligible for NRI category seats for admission in PG medical course for academic year 2023-24 in State quota;

C. Be pleased to issue a writ of mandamus or any other writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent authorities to follow the definition of Ward as laid down by Hon’ble Supreme Court of India in the matter of Ruchin Bharat Patel Vs. Parents Association for the MD students and others and Consortium of Deemed Universities in Karnataka and another Vs. Union of India and in the alternative to issue guideline-instruction for the Wards who have NRI Guardians to apply in PG medical professional Courses in the State of Gujarat and till that time follow and comply with the definition of ward laid down by the Hon’ble Supreme Court in the matter of Ruchin Bharat Patel Vs. Parents Association for the MD students and others and Consortium of Deemed Universities in Karnataka and another Vs. Union of India.

D. Pending admission/final hearing of the present petition, Your Lordship may kindly be pleased to direct the Respondent No.2 Admission Committee to keep one seat vacant in MD Radiology/ MD Dermatology for the petitioner out of total approved seats for Private & Un-aided Medical Colleges in Ahmedabad District under NRI quota;

E. To pass any other and further orders as may be deemed fit and proper.”

3. It is the case of the petitioner that after completing his MBBS Course including one year compulsory internship, the petitioner had appeared in the NEET-PG-2023 Examination and cleared the same with All India Rank 77,569. It is the case of the petitioner that while the admission process to medical colleges for MBBS and PG Courses are regulated by the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (hereinafter to be referred to as "the Gujarat Medical Admission Act, 2007"), and whereas while the said Act contemplates reservation of 15% seats for NRIs, and whereas the definition of NRI seats as per the Act includes the term 'ward', yet, there is no definition prescribed in the Act as to who would constitute a ward of an NRI. The petitioner had preferred representation inter alia requesting that the meaning of the term 'ward' should be as per the broader meaning as observed by the Hon'ble Apex Court in an order dated 13.11.2006 rendered in case of Ruchin Bharat Patel Vs. Parents' Association for the MD Students and Others, reported in 2006 SCC Online SC 1437 as well as in an order of the Hon'ble Apex Court in case of Consortium of Deemed Universities in Karnataka (CODEUNIK) and Another Vs. Union of India and Others, reported in 2017 SCC Online SC 2110 and whereas the said representation begin rejected by the State inter alia observing that the meaning of the word 'ward' would be as per the definition under the Guardians and Wards Act, 1890. Being aggrieved by the said rejection of the representation and seeking for the prayers as reproduced hereinabove, the petitioner has preferred the present petition.

4. Learned Senior Advocate Mr.