AVADH K PATEL Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) SINCE the subject matter of both the writ-applications is the same, those were heard analogously and are being disposed of by this common judgment and order.

(2.) THESE writ-applications are at the instance of students desirous of seeking admissions to Post Graduate Medical Courses offered by the institutions recognized by the Medical Council of India, after having completed their graduation, in the discipline of medicine (MBBS). They seek to challenge the decision of the University to implement Rule 1.8 of the Post Graduate Medical Education Regulations, 2000, by which the admissions to Post Graduate Medical Courses will be given on the basis of National Eligibility-cum-Entrance Test (for short "NEET") State merit list of the students for the current academic year 2013-2014, even though NEET has been held to be unconstitutional by the Supreme Court vide its judgment and order dated 18th July, 2013.

(3.) WE have heard Mr. Percy Kavina, the learned Senior Advocate assisted by Mr. Hasit Dave, the learned Advocate appearing for the petitioners; Mr. Maulik G. Nanavaty, the learned Assistant Government Pleader appearing for the State Government and Mr. Sunit Shah, the learned Counsel assisted by Mr. Avinash Thakkar for the Saurashtra University at length. Mr. Maulik Nanavaty, the learned AGP appeared and assisted us on an advance copy of the petition being served upon him, and in the same manner, Mr. Sunit Shah, the learned Advocate also appeared and assisted us on an advance copy served by the petitioners.