KHUSBOO NAGINBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners are candidates who figure in the merit list prepared by the Centralized Medical Admission Committee, aspiring for admission to M. B. B. S in the various Medical Colleges in the State, including the unaided private professional colleges. Petitioners submit that their admission to the above mentioned colleges is governed by the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 [the Gujarat Act 3 of 2008] (for brevity "the Act" ). Petitioners also submit that if the composite quota system introduced by the Act is done away with, they will get admission in the above mentioned colleges on the basis of their merit. It is also of the petitioners? contention that the Act completely disregards the unfettered fundamental rights of the minority and non-minority unaided professional colleges and institutions guaranteed under Articles 19 (1) (g), 26 and 30 (1) of the Constitution of India, and hence unconstitutional.

(2.) LEARNED Advocate General entertained a doubt as to how the petitioner can espouse the cause of unaided professional colleges/institutions and on that sole ground, the petition has to be dismissed. Further, nobody from the management side has been impleaded in the above petition. Be it that may, we may examine and address ourselves to the various contentions urged by the petitioners against the vires and the constitutional validity of the various provisions of the Act.

(3.) THE petitioners have approached this Court seeking a declaration that Sections 2 (g), 2 (h), 2 (i), 2 (n), 6, 8 and 9 of the Act of 2007 and Rules 8 and 9 of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Rules, 2008 as arbitrary, unreasonable, irrational, discriminatory and violative of Articles 14, 15 (5), 19 (1) (g), 21, 26 and 30 (1) of the Constitution of India, and therefore, invalid and ultra-vires of the Constitution of India, and also for an further order to cancel all the admissions given in the unaided professional colleges for the year 2008-2009 as per the provisions of the Act and the Rules, and for other consequential relief.