HARDIK DHIRUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed by the petitioner to declare Rule 4(7)(i) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 (for short 'Rules, 2017') insofar as it requires a student to have studied under Jawahar Navodaya Scheme upto standard VIII in any of the schools located in the State of Gujarat as ultra vires. A writ of mandamus under Art. 226 of the Constitution of India is prayed for seeking a direction to the respondent authorities to include the name of the petitioner in the provisional merit list for Medical, Dental, Homeopathy, Ayurvedic and Naturopathy courses for the year 2019, NEET UG-2019 based ST merit list.

(2.) Here is a case where a tribal whose son the petitioner who is born in Gujarat, is a domicile of Gujarat, has studied upto standard VIII in a Dadra & Nagar Haveli school affiliated to the Gujarat Board is denied admission to the professional course of medical field on the ground that though the petitioner has passed his standard XII from the Jawahar Navodaya Vidyalaya in Silvassa (Union Territory of Dadra & Nagar Haveli) and has therefore passed his qualifying examination from a Navodaya Vidhyalaya located outside Gujarat State, in accordance with Rule 4(7)(iii), since he did not study in a Jawahar Navodaya Vidhyalaya scheme upto standard VIII in any of the schools located in the State of Gujarat as required under Rule 4(7)(i) of the Professional Medical Rules, he is declared to be ineligible for admission to medical courses.

(3.) The petition arises in the following background: