Vacant seats in medical admissions can only be filled post-completion of the entire admission process as per established rules.

ORDER

1. Heard learned advocate Mr. Udit Vyas for the petitioner and learned Senior Advocate Ms. Manisha L. Shah with learned advocate Mr. K. M. Antani for the respondent No. 1.

2. By this petition filed by the MEDGUJ Association of the Gujarat Medical Colleges has prayed for the following reliefs.

‘[a]That this Hon’ble Court may be pleased to quash the impugned notification to the extent it is having the effect of not treating the seats of the students who have opted for cancellation their admission after completion of the second round of counseling as vacant seats and thereupon, be pleased to issue a writ of mandamus and or any other appropriate writ, order or direction upon Respondent No. 1 – Admission Committee to include seats that have fallen vacant after the second round of counseling on account of cancellation of admission by the students in the subsequent rounds of common counseling to be filled in the order of merit.

[b] That pending admission, hearing and final disposal fo the present writ petition, this Hon’ble Court may be pleased to direct Respondent No. 1 – Admission Committee to include seats that have fallen vacant after the second round of counseling on account of cancellation of admission by the students in the subsequent rounds of common counseling to be filled in the order of merit, on such terms and conditions that this Hon’ble Court may deem fit and proper.

[c] That this Hon’ble Court be pleased to pass such other and further orders as the nature and circumstances of the case may demand.’

3. The petitioner is a not – for – profit company established and incorporated under Section 8 of the Companies Act, 2013 . The petitioner was incorporated by several self-financing Medical Colleges of the State of Gujarat for the purpose of promoting and safeguarding their interest.

4. It is the case of the petitioner that there are many students who have withdrawn their admission after payment of fees either in the first round or the second round of the Medical admission for the academic year 2022-2023 and therefore the seats which have fallen ‘vacant’ due to the cancellation/ withdrawal of admission by such students should be considered by the respondent - Admission Committee as ‘vacant’ seats for the mop-up round which is in process.

4.1 Learned advocate Mr. Vyas submitted that the respondent No. 1 - Admission Committee in view of the Supreme Court decision in the case of Subhankar Patnayak V/s K. Ramesh Reddy and Ors in Contempt Petition (Civil) No. 289 of 2022 in Writ Petition (Civil) No. 223 of 2022 (Pg-43) dated 22.07.2022 is taking a stand that the students who have canceled/withdrawn their admission either in the first or second round and the seats which have fallen ‘vacant’ would not be considered to be offered to the students who are not admitted or who are eligible for upgradation in the mop-up round for admission for the medical colleges.

4.2. It was submitted that the Apex Court in the case of Subhankar Pattanayak V/s K. Ramesh Reddy & Ors (Supra) as well as in the order dated 31.03.2022 passed in the Writ Petition (Civil) No. 223 of 2022 did not prohibit the Admission Committee from considering the seats which have become vacant due to cancellation/withdrawal of admission for to be offered to the students who are eligible to participate in the mop-up round.

5. On the other hand, learned Senior Advocate Ms. Manisha Shah appearing for the Admission Committee submitted that the process of admission is regulated by the Gujarat Professional Medical Educational Course (Regulation of Admission in Under Grad