TAKSH VIJAYBHAI HADVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of petitions, filed under Article 226 of the Constitution of India, the petitioners - students who have completed their 12th Standard and seeking entry to the stream of medical courses, have challenged the eligibility criteria notified for admission to the Gujarat Professional Medical Educational Courses under the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 ('the Rules 2017' for short), which are framed in exercise of powers under Section 20 of the Gujarat Professional Medical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007.

(2.) Primarily, the challenge is to the Rule 4(3)(ii) and Rule 4(1- A) of the Rules, 2017 referred above. Though there is some variance in factual aspects in the petitions, as much as, challenge is only to above said Rules in all the petitions, as such, they are heard together and are being disposed of by this common judgment.

(3.) The Rules which are in force are of the year 2017. Rule 4(1- A) is inserted by way of amendment to the Rules, by notification dated 04.05.2018. As per Rule 5 of the Rules, 2017, 15% of total seats for admission are reserved for candidates of All India Quota and remaining 85% seats for admission are reserved for candidates of Gujarat origin, under various categories.