1.0 By way of present petition, the petitioner has prayed for following relief/s:
(a) Your Lordships may be pleased to issue writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus, quashing and setting aside the Rule No. 12(3)(A)(ii) of the Rules framed for Admission to MBBS/BDS and other courses in Government, Municipal, Grant-in-aid and Self-financed colleges or Institutions in the State of Gujarat for the year 2012-13 which is at Anneuxre B to the present petition.
(b) Your Lordships may be pleased to issue writ of mandamus or any other appropriate, writ, order or direction in the nature of mandamus, declaring that the petitioner is eligible for an admission in MBBS and BDS course for the year 2012-13 and further be pleased to direct the respondent No.2 herein to consider the case of the petitioner for the MBBS and BDS course for the year 2012-13 and include the petitioner's name in merit list for MBBS and BDS course for the year 2012-2013.
The petitioner, having secured 85% marks in 12th standard and 34.58% in GUJCET examination, has applied for admission to MBBS/BDS Courses for the year 2012-13. However, in view of Rule 12(3)(A)(ii) of Gujarat Professional Medical Educational Courses (Regulation of Admission and Payment of Fees)(Amendment) Rules, 2010 (the Rules for short), he was denied admission.
3.0 Learned advocate appearing for the petitioner submitted that Ruled 11 (1)(b) and 12(3)(A)(ii) of Rules for admission to M.B.B.S/B.D.S courses are arbitrary and violative of Article 14 of the Constitution of India.
4.0 Rule 11(1)(b) states that the candidates who have passed qualifying examination from other Boards or, as the case may be, the Council of Indian School Certificate Examinations, New Delhi, sixty percent of total marks obtained in theory of the Physics, Biology and Chemistry subjects after converting it to 100 combined with the forty per cent of total marks obtained from the Physics, Biology and Chemistry subjects in the Gujarat Common Entrance Test (GUJCET) after converting it to 100 from the total marks obtained, shall be the merit marks.
5.0 As per Rule 12(3)A(ii) of the Rules, minimum aggregate marks obtained in Gujarat Common Entrance Test for medical and dental courses for scheduled castes and scheduled tribes, Socially and Educationally Backward Classes ( excluding Creamy layer) candidates category is 40%.
6.0 The petitioner has scored only 34.58% in GUJCET and therefore naturally he is not eligible to get admission to MMBS/ BDS Course. The grievance of the petitioner is that the students who are studying in CBSE Board are facing major difficulties in clearing the GUGCET examination. This cannot be a ground to hold that the Rules in question are illegal or arbitrary. Even otherwise, it is required to be noted that the petitioner has already appeared in the examination. Before appearing in the examination the petitioner has never raised this challenge. Therefore having participated in the examination it is not now open to the petitioner to contend that the said clause adversely affected the petitioner. Such a plea cannot be accepted by this Court. Hence the petition is dismissed.
(K.S.
JHAVERI, J.) niru* Top