DHRUTIKUMARI BHAGUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition which is filed under Article 226 of the Constitution of India, petitioners have challenged the validity of Rules 4(4), 4(5)(A)(a) and Rule 4(5)(A)(b) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017, (hereinafter referred to as the Rules of 2017), insofar as it makes National Eligibility Entrance Test (NEET) mandatory for students aspiring to get admissions to Bachelor of Ayurveda, Medicine and Surgery (BAMS) and Bachelor of Homeopathic Medicine and Surgery (BHMS) courses. Petitioners have sought declaration that the said provisions be declared as ultra vires.

(2.) The factual matrix of the present case is as under:

(3.) Heard learned Senior Counsel Mr. D. C. Dave assisted by learned advocate Udit Vyas for the petitioners and learned Additional Advocate General Mr. P. K. Jani assisted by learned AGP Mr. D. M. Devnani for the respondents.