CHANDIBHAMAR ABHAY SANJAYKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. Dhaval Dave for learned Advocate Mr. Jeet J. Bhatt for the petitioner and learned Government Pleader Ms. Manisha Lavkumar with learned AGP Mr. Sahil Trivedi for the respondent No.1 and 3 and learned Advocate Mr. K.M. Antani for the respondent No.2.

(2.) By way of this petition, the petitioner has prayed for the following relief.

(3.) It is the case of the petitioner that after completing his MBBS Course including one year compulsory internship, the petitioner had appeared in the NEET-PG-2023 Examination and cleared the same with All India Rank 77,569. It is the case of the petitioner that while the admission process to medical colleges for MBBS and PG Courses are regulated by the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (hereinafter to be referred to as "the Gujarat Medical Admission Act, 2007"), and whereas while the said Act contemplates reservation of 15% seats for NRIs, and whereas the definition of NRI seats as per the Act includes the term 'ward', yet, there is no definition prescribed in the Act as to who would constitute a ward of an NRI. The petitioner had preferred representation inter alia requesting that the meaning of the term 'ward' should be as per the broader meaning as observed by the Hon'ble Apex Court in an order dtd. 13/11/2006 rendered in case of Ruchin Bharat Patel Vs. Parents' Association for the MD Students and Others, reported in 2006 SCC Online SC 1437 as well as in an order of the Hon'ble Apex Court in case of Consortium of Deemed Universities in Karnataka (CODEUNIK) and Another Vs. Union of India and Others, reported in 2017 SCC Online SC 2110 and whereas the said representation begin rejected by the State inter alia observing that the meaning of the word 'ward' would be as per the definition under the Guardians and Wards Act , 1890. Being aggrieved by the said rejection of the representation and seeking for the prayers as reproduced hereinabove, the petitioner has preferred the present petition.