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SCA/8879/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8879 of 2010
=========================================
JALPA
BABUBHAI PRAJAPATI - Petitioner(s)
Versus
ADMISSION
COMMITTEE FOR PROFESSIONAL - Respondent(s)
=========================================
Appearance :
MR
MA KHARADI for the
Petitioner.
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 02/08/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
petition is preferred by the petitioner for a direction to the
respondents to call upon her for counselling for admission in MBBS
course in any of the medical colleges within the State.
2. Pursuant
to the combined competitive test for admission in professional
medical education courses, the petitioner applied for the academic
year 2009-2010. She having selected was admitted to first year B.Sc.
Nursing course (academic year 2009-2010). B.Sc. Nursing is a three
year course, but after one year, with an intention to get admission
in MBBS course, the petitioner applied in professional medical
education course for the academic year 2010-2011, but she was not
declared successful nor called for counselling. According to the
petitioner when she inquired into the matter, then she could come to
know that in view of sub-rule 5 of Rule 5 of Gujarat Professional
Medical Educational Courses (Regulation of Admission and Payment of
Fees) (Amendment) Rules, 2010, the petitioner has not been called for
counselling. Under the said sub-rule 5, a candidate can secure
admission under the same Rules in any year shall not be eligible for
admission in any other course until the period within which he might
have completed the course in which he has secured admission.
3. Learned
counsel appearing on behalf of the petitioner contended that the
petitioner had taken back the original certificates from the
Institution where she was admitted for B.Sc. Nursing course. Reliance
was placed on clause 3(a) of Rule 21 which relates to cancellation of
admission and refund of fees. However, it is not disputed that the
petitioner never applied for cancellation of admission and/or for
refund of fees and thereby never requested for withdrawal of her
candidature before completion of admission process or after
completion of admission process. Therefore, the petitioner cannot
derive advantage of Rule 21.
We
have noticed that under clause (5) of Rule 5, ” a candidate who
has secured admission under these Rules in any year shall not be
eligible for further admission to any course until the period within
which he might have completed the course in which he secured
admission.” Further explanation has been made thereunder which
reads as follows:
“Candidates
who had taken admission after the implementation of the Act shall not
be eligible for further admission to any course until the period
within which he might have completed the course in which he has
secured admission i.e. candidates admitted in academic year 2008-2009
and onwards.”
4. Admittedly,
the petitioner had taken admission in the academic year 2009-2010 and
was pursuing B.Sc. Nursing course. The petitioner was not entitled to
secure admission in view of the clause laid down under sub-rule 5 of
Rule 5. We find no merit in this petition. The petition is dismissed.
(S.J.Mukhopadhaya,C.J.)
(K.M.Thaker,J)
***vcdarji
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