THAKKAR DHARATIBEN HARIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Letters Patent Appeal No. 1800 of 1999 under Clause 15 of the Letters Patent Appeal is being decided analogously with Letters Patent Appeal No. 1849 of 1999, which we heard together and in which common questions of fact and law arise.

(2.) The appellants in both the appeals are students who have passed 12th standard Science Stream examination and seek admission to first year degree course in Homeopathy Medicine in different colleges in the State of Gujarat for obtaining degree of Bachelor of Homeopathy Medicine And Surgery (B.H.M.S.). In Special Civil Applications they approached this Court to challenge the decision of the State of Gujarat dated 16-6-1999, whereby for the academic session 1999-2000 for admission to BHMS course the minimum prescribed eligibility qualification for admission for general candidates is laid down as 50 % marks and for reserved category 40 % marks.

(3.) All the appellants before us have passed their 12th standard examination equivalent to intermediate with subjects in Science group, but have secured less than 50 % marks (as general candidates) and 40 % marks (as reserved candidate). Under the impugned decision of the State Government, they are, therefore, ineligible for admission to the BHMS course.