IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6284 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE BHARGAV D. KARIA ==========================================================

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PATEL YASH CHANDRAKANTBHAI S/O PATEL CHANDRAKANTBHAI ISHWARBHAI Versus ADMISSION COMMITTEE FOR PROFESSIONAL UNDERGRADUATE MEDICAL COURSES ==========================================================

Appearance:

MR UDIT N VYAS(9255) for the Petitioner(s) No. 1 MR. KM ANTANI(6547) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 01/04/2022

ORAL JUDGMENT

1.Heard learned advocate Mr. Udit N. Vyas for the petitioner and learned advocate Mr. K.M. Antani for the respondent.

2.Rule returnable forthwith. Learned advocate Mr.

K. M. Antani waives service of notice of rule on behalf of the respondent.

3.By this writ petition under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs:

“[a] That this Hon’ble Court be pleased to issue a writ of mandamus and or any other appropriate writ, order, or direction, declaring the Petitioner as eligible for being admitted to MBBS course on a Management Quota Seat as a candidate belonging to Socially and Economically Backward Class and thereupon, be pleased to direct the Respondent Committee to grant admission to the Petitioner in MBBS course on a Management Quota Seat in an institute of his choice in the order of merit;

[b] That pending admission, hearing and inal disposal of the present petition, this Hon’ble Court may be pleased to direct the Respondent Committee to grant admission to the Petitioner in MBBS course on a Management Quota Seat in an institute of his choice in the order of merit as a student belonging to Socially and Economically Backward Class, on such terms and conditions that this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case; and [c] That this Hon’ble Court be pleased to pass such other and further relief as the nature and circumstances of the case demand.”

4.The brief facts of the case are that the petitioner who belongs to the Socially and Educationally Backward Class (SEBC) secured

48.8% in Higher Secondary Class (HSC) -12^th Standard and therefore was eligible to be included in the merit list as per Rule 10 of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules,2017 [for short ‘the Rules,2017’]

read with Rule 4.

4.1) It is not in dispute that the petitioner has 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 2021-2022.

4.2) It is the case of the petitioner that as per the merit list prepared by the respondent - Admission Committee under the Rules 2017, the name of the petitioner appears at Serial No. 6958 in General Merit List and at Serial No. 2374 in SEBC merit list as declared on

16.01.2022.

4.3) The petitioner therefore, applied on the designated portal of the respondent- Admission Committee as per the prescribed procedure for being allotted a seat in the MBBS Course or any other professional medical course as per the merit list. The petitioner completed on-line choice filling formalities for the First Round of counselling on 29.01.2022.

4.4) Result of the First Round of counselling was declared on 01.02.2022 wherein the petitioner was allotted C.D. Pachchigar College of Homeopathic Medicine and Hospital, Surat on Government quota(SEBC Category).

4.5) It is the case of th