As noted, said provision came up for consideration before the Division Bench of this Court wherein the Constitutional validity of the provision was called in question.

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He submitted that this is precisely how even the respondents have interpreted the statutory provisions and the majority of the students who have been admitted in NRI quota seats by the respondents claim dependency on the sponsor under similar circumstances. We have, therefore, decided to tackle the issue in the present petition though as already noted the petition is opposed by the respondents on some other grounds. The Act was enacted to make special provision for regulation of admission in professional medical educational colleges or institutions in the State and fixation of fees in such colleges or institutions.

He referred to and relied on the Sub-clause (i) of Clause (9) of the Important Instructions appended to the Application Form for M. As already noted, Section 2(i) of the Act defines the term Non-Resident Indian seats .

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9079 of 2010 For Approval and Signature: HONOURABLE THE CHIEF JUSTICE MR. 5 Whether it is to be circulated to the civil judge ? JUSTICE AKIL KURESHI ) In the present petition, petitioner seeks admission to MBBS course for the academic year 2010-2011 in `Non-Resident Indian' quota seats. 2.2 It is the case of the petitioner that she submitted the application form in the office of the respondent No.2 accompanied by requisite documents.

============================================= BHAVI VIPULKUMAR SHAH - Petitioner(s) Versus STATE OF GUJARAT (DELETED) & 2 - Respondent(s) ============================================= Appearance : MR GM JOSHI WITH MR NIRAV K PADHIYAR for Petitioner(s) : 1, DELETED for Respondent(s) : 1, MR KB TRIVEDI SR ADVOCATE WITH MR AM MEHTA FOR M/S TRIVEDI & GUPTA for Respondent(s) : 2, ============================================= CORAM : HONOURABLE THE CHIEF JUSTICE MR. She has prayed for following substantive relief : 13(a) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus for directing the respondent authorities to consider the case of the petitioner according to her merits and give her admission to the MBBS Course for academic year 2010-11 according to seriatim of her merits (i.e. According to the petitioner, such form and documents were accepted after due verification.

The application is liable for rejection on non-submission of above documents within time frame.

2.4 It is the case of the petitioner that thereupon she submitted legible copies of the necessary documents to the Deputy Director of Ahmedabad Municipal Corporation Medical Education Trust.

about the candidate who was granted admission and who has secured lesser marks than to the petitioner) with all consequential effect. Shortly stated the facts are as under : 2.1 Petitioner appeared in the Higher Secondary Examination in science stream conducted by the Gujarat Secondary and Higher Secondary Education Board, Gandhinagar in March 2010. She also appeared in Common Entrance Test, conducted by the Board and secured 75.65 % marks. Petitioner had also annexed demand draft of Rs.8,000/- as process fees and Rs.2,000/- as form fee.