IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.40 of 2026 ========================================= MEDGUJ ASSOCIATION OF GUJ MEDICAL COLLEGES Versus MEDICAL COUNSELLING COMMITTEE(MCC) & ORS. ========================================= Appearance : MR D. C. DAVE, SENIOR COUNSEL ASSISTED BY MR UDIT N VYAS for the Petitioner. MR ANKIT SHAH for the Respondent Nos.1,2 MS MANISHA LAVKUMAR, ADDITIONAL ADVOCATE GENERAL ASSISTED BY MR. K M ANTANI for the Respondent No.3. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 06/01/2026 ORAL ORDER 1. By way of the present petition, the petitioner has prayed for the following reliefs :- “[a] That this Hon’ble Court may be pleased to issue a writ of mandamus and or any other appropriate writ, order or direction, upon the Medical Counselling Committee, respondent No.1 herein and the Admission Committee for Professional Undergraduate Medical Courses, respondent No.3 herein, to include the 3 (three) vacant seats of 1st year MBBS course in the State of Gujarat in the second special stray vacancy round to be conducted for the present academic year 2025- 2026 and oBer the same to eligible students for admission in the order of merit. [b] That pending admission, hearing and Cnal disposal of the present writ petition, this Hon’ble p. 2 Court may be pleased to direct the Medical Counselling Committee, respondent No.1 herein and the Admission Committee for Professional Undergraduate Medical Courses, respondent No.3 herein, include the 3 (three) vacant seats of 1st year MBBS course in the State of Gujarat in the second special stray vacancy round to be conducted for the present academic year 2025-2026 and oBer the same to eligible students for admission in the order of merit, on such terms and conditions that this Hon’ble Court may deem Ct and proper.” 2. The present petition is taken up today and being decided Cnally on account of peculiar facts and circumstances of the case as on earlier occasion, the petitioner had preferred Special Civil Application No.16339 of 2025 on the ground that around 57 seats of MBBS course are being wasted on account of the fact that though those seats would remain vacant as there are no further round of admission provided, those seats would not be Clled up and, therefore, the same would go wasted. 3. In view of the above grievance, in that petition being Special Civil Application No.16339 of 2025, vide order dated 15.12.2025, the Court sought justiCcation from respondent Nos.1 & 2 for not making any eBorts to Cll up the vacant seats at the relevant point of time which are 57 in number. 4. Pursuant to the aforesaid order, the respondents more particularly respondent Nos.1 and 2 on their own decided that there shall be 4th and 5th round of admission in MBBS course and all the seats remained in MBBS course will be Clled up. In view of the above decision taken by respondent Nos.1 & 2, the petition was p. 3 withdrawn by the petitioner with a liberty to Cle fresh petition in case of diBiculty. 5. Thereafter, the present petition is Cled on the ground that though at the relevant point of time, all 57 seats were Clled up by the respondents, subsequently 3 students withdrew the admission and therefore, at present, 3 seats are lying vacant and hence, 3 other meritorious students from the petitioner Association or otherwise may be given a chance to get the admission in MBBS course as admitting some students in MBBS course would serve the better purpose than allowing those 3 seats to remain vacant for all time to come. 6. Of course, the Court is conscious about the fact that the admission to the MBBS Course are governed by the relevant Rules framed for the said purpose, looking to the peculiar situation which has taken place on account of 4th and 5th round of admission to the 1st year MBBS course known as Stray Vacancy Round and now at present also, there are 3 more seats available for admission to the 1st year MBBS course and hence, without entering into the merits and considering the fact that at present 3 seats are available, interest of justice would be served if the respondent authorities are directed to consider the fact that leaving 3 seats for MBBS course would not serve any purpose and, therefore, when the Society always faces the shortage of qualiCed doctors, interest of justice would be served if those 3 seats can be oBered to any other meritorious students by going for one more Stray Vacancy Round. Of course, at the relevant point of time, for 4th and 5th round, there was a condition precedent which was incorporated by the concerned respondents of depositing a sum of Rs.3 Lacs and despite that, 3 students decided to withdrew their admissions and, p. 4 therefore, just to ensure that such situation may not arise in this round also, it will be open for the concerned respondent who is competent to impose the said condition i.e. respondent No.1 to suitably modify the said condition and/or Rules or impose any additional condition to ensure that any seat of MBBS course may not get wasted. 7. Hence, the respondents are directed to consider the larger interest and thereby to go for one more Stray Vacancy Round for 3 vacant seats of 1st year MBBS course as the same has been done in BDS course, as reported by learned Senior Counsel Mr. D. C. Dave under instructions, which could not be disputed by learned counsel appearing for the respective parties, the respondents are directed to go for one more Stray Vacant Round of admission to Cll up the remaining 3 seats of 1st year MBBS Course. The said exercise is expected to be carried out at the earliest, preferably within a period of 10 days from today. 8. With the aforesaid observation and direction, the present petition stands disposed of with a clariCcation that this order is passed looking to the peculiar facts and circumstances of the case and the same may not be treated as precedent in future. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA