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Judgment
Jayant Patel, J.—The petitioners have preferred the petition for appropriate writ to direct the respondent authorities to reserve 10% seats for In-service candidates and to give admission to the petitioners for Post Graduate Medical Course based on the same.
Heard Mr. Vyas for the petitioners, Ms. Patel, learned AGP for respondents Nos. 1, 2 & 4, Mr. Shelat for respondent No. 3 and Mr. Dave for respondent No. 8. Other respondents are served, but they have chosen not to appear.
The contention raised on behalf of the petitioners appears to be that the Government has passed a Resolution for making reservation of 10% seats of In-service Doctors in the Post Graduate Course in Medicine. It is also his contention that based on the Resolution of the Government, it is required for the University to make reservation. Mr. Vyas, further contended that South Gujarat and M.S. University have already made reservation in Diploma as well as Degree courses, whereas, Gujarat University has not made the reservation in Degree course and it has only made reservation in Diploma course. Therefore, it has been submitted that the admission must be finalised based on the reservation of 10% for In-service Doctors in all the branches including post Graduate Degree Course in Gujarat University also.
Whereas, on behalf of the Gujarat University, it has been contended by Mr.Shelat that the University uptil now has framed the rules for making reservation in Diploma Course of Post Graduate in Medicine, and for Degree Course, the matter is yet to be considered by the Academic Council and if in the next Academic Council, the matter is considered, the rules will have to be amended and thereafter only, the reservation will be made. He submitted that since uptil now, the Academic Council has not finalised on the aspects for making reservation in Degree course, the admission cannot be finalised dehors the rules.
Whereas, on behalf of South Gujarat University, it has been stated by Mr. Dave that based on the Government policy, the rules are amended and the reservation is made and the process of admission shall be finalised in accordance with law.
The learned AGP submitted that the Government Resolution dated 18.07.2005, it does not provide for reservation all the branches, but only in certain branches viz. Pediatrics, T.B. & Chest, O & G, Anesthetist, Preventive and Social Medicines are identified for reservation.
It appears that there is a Government Resolution dated 18.07.2005 for reservation of 10% seats for In-service Doctors in Degree and Post Graduate, but the learned AGP is right in submitting that it is only in Pediatrics, T.B. & Chest, O & G, Anesthetist, Preventive and Social Medicines, such a reservation is identified. In any case, such decision is by way of a Govt. Resolution and ultimately it is for Academic Council of the University to consider the same and finalise the same. After the reservation is decided by the competent body of the University, the rules for admission will be required to be framed and the effect can be given only at the time when the admissions are to be finalised. It is an admitted position that uptil now, the Gujarat University has not amended the rules for making reservation in Degree course. Therefore, until the rules are amended by the University, a mandamus cannot be issued directing the admission to be finalised as if the reservation made and the rules amended.
If the petitioners have any grievance against the University for non-formulating of the Rules based on the policy of the Government, the petitioners may make representation to the State Government and/or to the University, but until the Rules are so amended by the University, the admission cannot be ordered to be finalised as if the reservation already made under the Rules.
So far as other Universities are concerned, including South Gujarat University, as declared by the learned Counsel for the University, the reservation is already made. Therefore, if any of the petitioner has applied on such seats, the matter is even otherwise, to be considered in accordance with the Rule providing for 10% reservation subject to satisfying the criteria of eligibility.
In view of the above, as the principal challenge of the petitioners is for directing the reservation of 10% in Degree courses in Gujarat University, the same cannot be accepted.
Subject to the aforesaid observations and directions, the petition is disposed of.