C/SCA/13986/2026 ORDER DATED: 29/09/2026 (GJHC240677172026) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13986 of 2026 ========================================================== SACHI KRUTAGNA PATEL D/O SH. KRUTAGNA PATEL THROUGHD MATERNAL GRANDFATHER AMRUTLAL BHIKHABHAI PATEL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR JAGATSINH L VASAVA(7888) for the Petitioner(s) No. 1 MS. BROHMO CHOUDHURY(18578) for the Petitioner(s) No. 1 MR SAHIL TRIVEDI AGP for the Respondent(s) No. 1,2 MR. KM ANTANI(6547) for the Respondent(s) No. 3 ========================================================== CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 29/09/2026 ORAL ORDER 1. Heard learned advocate for the petitioner. It is the case of the petitioner that the petitioner belongs to Hindu Dhodia community which is officially recognized as a Scheduled Tribe in the state of Gujarat. It is further submitted that the father of the petitioner was an employee of the Industrial Development Bank of India, a private bank. That the petitioner’s father was transferred from Ahmedabad to Pune on 07.09.2016. That due to the transfer of her father, entire family shifted to Pune and accordingly the petitioner has taken further studies in the city of Pune. That thereafter the petitioner’s father was transferred to Mumbai and therefore, the petitioner has passed her standard 10th and 12th examination from the state of Maharashtra. The learned counsel further submits that the petitioner is originally from the Gujarat state and domicile of Gujarat. She submits that the petitioner has been issued Domicile Certificate No.1474 of 2025 dated 27.02.2025 by the Mamlatdar, Mahuva, State of C/SCA/13986/2026 ORDER DATED: 29/09/2026 (GJHC240677172026) Gujarat. That the petitioner has thereafter appeared in the NEET Examination, 2026. That the petitioner was successful in clearing the said examination and scored 417 marks out of 720 marks and has secured All India General Rank 2,32,509 and All India Category Rank 5422. That the petitioner applied for the admission to the MBBS course under the Gujarat State quota. During verification of her documents, the petitioner came to be disqualified from the State Quota List since the petitioner has passed 10th and 12th standard examination outside the State of Gujarat. The learned counsel submits that the Provisional Merit List came to be published on 16.08.2026 along with the list of ‘Not eligible” candidates by the Admission Committee for Professional Undergraduate and Post Undergraduate Medical Course. On 16.08.2026, the petitioner’s name figured at Sr. No.43 “Not eligible” category list. The learned counsel submits that the petitioner is deprived of the benefits to which she is entitled to under the Gujarat State Quota because of the service of her father. It is submitted that the petitioner has submitted representation to the respondent for considering her candidature. However, no response has been forthcoming. The learned counsel submits that the provisions of Rule 5(2) and Rule 10 of Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 are discriminatory and the candidates who have secured equal or lesser marks from the petitioner have been shortlisted from the Gujarat State however, the petitioner has been left out though eligible. The learned counsel submits that since the petitioner is a domicile of Gujarat State, she should be considered for the State Quota. Page 2 of 4 C/SCA/13986/2026 ORDER DATED: 29/09/2026 (GJHC240677172026) 2. Heard learned counsels for the parties, perused the documents and considered the submissions. 3. Rule 4(3) of the Gujarat Professional Medical Educational Courses (Regulation of Admission in Undergraduate Courses) Rules, 2017 reads as under:- “4. Eligibility for Admission- (3) have passed the 10th and 12th qualifying examination with "B- group" or "AB-group" from- (i) The Gujarat Board; or (ii) The Central Board of Secondary Education provided that the school in which the candidate has studied, is located in the State of Gujarat; or (iii) The Council of Indian School Certificate Examinations Board, New Delhi provided that the school in which the candidate has studied, is located in the State of Gujarat: iv) The International School Board (International Baccalaureate and Cambridge) provided that the school in which the candidate has studied, is located in the State of Gujarat; or (v) The National Institute of Open Schooling provided that the school in which the candidate has studied, is located in the State of Gujarat Provided that a candidate seeking admission on Non-Resident Indian seat must have passed the qualifying examination front anywhere with Physics, Chemistry and Biology.” 4. As per the aforesaid Rules for being eligible for admission to the Gujarat State Quota, the petitioner has to have passed the class 10th and 12th qualifying examination from the Gujarat Government or any school in Gujarat with other Educational Board. In the present case, the petitioner has admittedly passed 10th and 12th standard qualifying examination from the State of Maharashtra. Further, Rule 4(6) provides for relaxation to sons C/SCA/13986/2026 ORDER DATED: 29/09/2026 (GJHC240677172026) and daughters of certain categories of employees. The petitioner is not eligible for such relaxation also in terms of Rule 4(6). 5. In the present writ petition, there is no challenge to the Admission Rules. The petitioner is therefore not eligible for the State Quota as per the said Rules. The petitioner is entitled to seek admission only in the 15% All India Quota for admission to M.B.B.S. Course in the State of Gujarat. For the aforesaid reasons and observations, the present Special Civil Application is devoid of merits and is accordingly dismissed. No order as to costs. (ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/10/2026 11:15:57