ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI)

1. By way of present Letters Patent Appeal, the appellant – Admission Committee for Professional Undergraduate Medical Course has assailed the order passed by the learned Single Jude dated 01.04.2022 in Special Civil Application No. 6284 of 2022 whereby, the learned Single Judge was pleased to direct the appellant authority to consider the case of the petitioner for Management quota seats for MBBS course applying the same criteria as applicable to Government Seats in view of sub-rule (5) of Rule 4 of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses)

Rules 2017.

2. The background of the facts which has given rise to the present proceedings is that petitioner who belongs to Socially and Educationally Backward Class (SEBC) secured 48.8% in Higher Secondary Class (HSC) 12th Standard and thereby, claimed that he was eligible to be allotted Management quota seat in view of Rule 10 read with Rule 4 of Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 (for short “Rules of 2017”). The original petitioner – opponent herein had secured 86.987 percentile i.e. 394 marks out of 720 marks in the National Eligibility Cum Entrance Test [NEET] conducted for the academic year 2021-22 and according to petitioner, merit list prepared by the appellant – Admission Committee under the Rules of 2017, petitioner was figuring at serial no. 6958 in the General Merit List, whereas, in SEBC Merit List, he was placed at serial no. 2374 which merit list came to be declared on

16.01.2022.

2.1. It appears that by such declaration of the merit list, original petitioner i.e. opponent herein applied on designated portal of the appellant – Admission Committee in view of the procedure for allotment of seats in the MBBS course or any other medical course in order of merit. The formality for the first round of counselling came to be completed on on-line choice basis on 29.01.2022. The result of first round of counselling as indicated above was declared on 01.02.2022 in which opponent herein was allotted C.D. Pachchigar College of Homeopathic Medicine and Hospital, Surat on Government quota in SEBC category. It was also stated by the original petitioner i.e. opponent that he also preferred for being admitted to Management quota seat available at Zydus Medical College and Hospital, Dahod for MBBS course in priority to C.D. Pachchigar College of Homeopathic Medicine and Hospital, Surat. According to petitioner, the last candidate allotted Management quota seat at Zydus Medical College and Hospital, Dahod for MBBS course had secured 392 marks at NEET examination of 2021 and was at serial no. 7052 in general merit list, as against the opponent who had secured 394 marks in NEET examination of 2021 and was placed higher up in the General Merit List than the said last candidate and petitioner is at serial no. 6958. Since original petitioner appears to have not been considered by appellant – Admission Committee for allotment of Management quota seat at Zydus Medical College and Hospital, Dahod for MBBS course as per his preference, said denial is made the subject matter of petition being Special Civil Application No.6284 of 2022. The reason according to the opponent which was given for such denial was that petitioner did not secure 50% marks in 12th Standard and as such, not eligible for being admitted to the Management quota for medical course.

3. The said petition came up for consideration before the learned Single Judge and after completion of the pleadings and after hearing, the learned Single Judge has examined the case and found that the appellant – Admission Committee has committed error in not considering the case of the petitioner i.e. opponent herein. As a result of conclusion arrived at, direction can be issued to Admission Committee to consider the case of petitioner for Management quota seats