1. By way of this petition, the petitioner has prayed for the following reliefs :-
"[A] quash and set aside the decision of the respondent no. 3 Admission Committee for Professional Medical Educational Courses of treating the son of the petitioner as not eligible for Medical and Dental Course (MBBS and BDS Course) as contained in the acknowledgment dated 29.05.2012, Annexure-D to this petition and [B] Pending admission and final disposal of this petition the Hon'ble Court may be pleased to grant mandatory injunction against the operation, implementation and execution of the above referred decision of the respondent no. 3 as contained in Annexure-D to this petition and/or in the alternative [C] pending admission and final disposal of this petition,the Hon'ble Court may be pleased to direct the respondent authorities to consider the case of the son of the petitioner for admission to Medical and Dental Courses (MBBS and BDS Course) along with other eligible candidates and thereby direct the respondent authorities to call the son of the petitioner for admission counseling programme scheduled on 17.07.2012 and [D] & [E] ......"
2. The brief facts are that the son of the petitioner after completing HSC, appeared in Gujarat Common Entrance Test [GUJCET]- 2012. The result of the said examination was published on the website of the Gujarat State Secondary and Higher Secondary Eduction Board, Gandhinagar, wherein the total marks obtained by the petitioner were rounded and shown as 60 marks. However, in the statement of marks obtained by the petitioner from the respondent Board, the marks of the petitioner are shown as 59.50 out of 120 marks. Pursuant thereto, the son of the petitioner applied for admission in the Professional Medical Educational Courses. However, in the acknowledgment/ self Identity Card issued to the son of the petitioner, a note is made to the effect that son of the petitioner is not eligible for MBBS and BDS course. Hence, this petition.
3. Heard learned counsel for the respective parties and perused the documents on record. From the record, more particularly the Rules called the Gujarat Professional Medical Education Courses (Regulation of Admission and Payment of Fess) (Amendment) Rules, 2010, which clearly stipulates that for eligibility for admission to Medical and Dental Courses the minimum qualifying standard for admission in case of a general category candidate is that the candidates must have inter alia obtained minimum aggregate marks of 50% in the GUJCET. In the present case, the son of the petitioner has obtained only 59.40 marks out of 120 marks in GUJCET. Considering the facts of the case and keeping in mind the principle laid down by the Apex Court in the case of Orissa Public Service Commission & Anr. v. Rupashree Chowdhary & Anr. (2011) 8 SCC 108, the respondents were completely justified for treating the son of the petitioner as ineligible for admission to Medical and Dental Courses.
4. Consequently, the petition is dismissed summarily.
[K.S.
JHAVERI, J.] /phalguni/ Top