PARTH KEYUR PARIKH Vs. NHL MUNICIPAL MEDICAL COLLEGE

JUDGEMENT

(1.) THE petitioners herein, two in number, seeking admission to the NRI seats in respondent No. 1 - NHL Municipal Medical College, Ahmedabad have raised questions about interpretation as well as constitutional validity of the following definition of NRI seats in Section 2 (i) of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (hereinafter referred to as "the Act") :-"non-Resident Indian seats" means fifteen per cent seats reserved for children or wards or the dependents for the education purpose, of the Non-Resident Indian, to whom admission is to be given in the professional educational colleges or institutions;" (emphasis supplied)

(2.) THE thrust of the petitioners' contention is that the Legislature intended to give first preference to NRI students or children of NRIs, second preference to wards of NRIs and thereafter, if available, the remaining seats are to be given to dependents of NRIs for educational purpose. It is contended in the alternative that if this interpretation is not accepted, the above definition, in so far as it includes dependents of NRIs for education purpose is unconstitutional.

(3.) BEFORE narrating the facts or enumerating the contentions, it would also be necessary to quote the provisions of Rule 7 (C) of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Payment of Fees) Rules 2008 (hereinafter referred to as "the Rules") :-