YATINKUMAR JASUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioners who have completed their M.B.B.S. course and /or undergoing their Internship Programme challenging the vires of Rules 2, 3, 4.1 and 4.3 relating to admission to the Post Graduate Medical Courses framed by Respondent No.3 - Gujarat University. 3rd Respondent - University is a body constituted under the Gujarat University Act, 1949. Aforesaid impugned Rules are framed in exercise of powers under Section 39 read with Section 32 of the Gujarat University Act, 1949 for the purpose of governing admission to Post Graduate Courses. Said Rules 2, 3, 4.1, 4.2 and 4.3 read as under :

(2.) As per aforesaid Rules, 50% of the total available seats in the academic year in various Post Graduate Degree and Diploma courses in each subject in Government Institution/Colleges will be filled up as All India Quota Seats by competent authority and remaining seats will be filled up in accordance with Rule 4.1 of the Rules of the University. As per Rule 3 of the Rules, remaining 50% of the total seats in Post Graduate Courses will be filled up by the "Admission Committee" of University. As per Rule 4.1 of the Rules, preference is provided to the candidates graduating from Gujarat University. As per Rule 4.3 of the Rules, after merit list prepared under Rule 4.1 is exhausted, candidates graduating from any other University located in Gujarat State will be considered.

(3.) The case of the petitioners is as under :