[Cites 1, Cited by 0]
Gujarat High Court
M K Shah Medical College vs Medical Counselling Committee(Mcc) on 24 April, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/4040/2026 ORDER DATED: 24/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4040 of 2026
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M K SHAH MEDICAL COLLEGE
Versus
MEDICAL COUNSELLING COMMITTEE(MCC) & ORS.
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Appearance:
MS DISHA N NANAVATY(2957) for the Petitioner(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 1,2
MR. KM ANTANI(6547) for the Respondent(s) No. 3
VIKAS V NAIR(7444) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 24/04/2026
ORAL ORDER
1. Heard Learned Senior Advocate Mr.Mitul Shelat with
Learned Advocate Ms. Disha Nanavaty for the petitioner.
2. By way of this petition, the petitioner has prayed for
following relief;
a. Admit and allow the present petition,
b. Issue an appropriate writ, order or direction directing
the Respondents to conduct, an additional / special stray
vacancy round of common counselling for Post Graduate
medical seats (MD/MS and other recognised PG medical
courses) for Academic Year 2025-26, in respect of seats
relatable to the State of Gujarat, by including all PG
seats which have remained or fallen vacant on account
of non-joining, non-reporting, cancellation or resignation
NEUTRAL CITATION
C/SCA/4040/2026 ORDER DATED: 24/04/2026
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of candidates after completion of the last notified round
of PG counselling,
c. Pending the admission and final hearing of the
present petition, this Hon'ble Court be pleased to direct
the respondent authorities to place on record the details
of the vacant seats and further direct the respondent
authorities to take appropriate actions for filling up of
the said vacant seats;
d. Grant such other and further reliefs as this Hon'ble
Court may deem fit and proper in the interests of
justice.
3. Learned Senior Advocate Mr. Mitul Shelat, on
instructions, states that in view of the subsequent factual
development, namely that Respondent No. 3 Committee has
now included two seats pertaining to MS Orthopedics and MD
Pediatrics in the list of vacant seats, no further relief survives
qua the present petitioner college. At the outset, learned Senior
Advocate Mr. Shelat has drawn the attention of this Court to
an order dated 24th March 2026 passed by the Hon'ble
Supreme Court in SLP (Civil) No. 10590 of 2026 in the case of
Telangana State Private Medical and Dental College
Management Association vs. Union of India & Ors. , which
NEUTRAL CITATION
C/SCA/4040/2026 ORDER DATED: 24/04/2026
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reads as under;
"1. Heard the learned counsel appearing for the parties.
2. While we are not inclined to interfere with the
impugned judgment and order passed by the High Court,
the petitioner is permitted to make a representation
before the Central Government which shall be considered
and disposed of on its own merits.
3. The Special Leave Petitions are dismissed and the
accompanying interlocutory application(s), if any, stands
disposed of."
4. Learned Senior Advocate Mr. Shelat fairly submits that
the petitioner's case is identical to the one before the Hon'ble
Supreme Court, and therefore, the petitioner may be permitted
to withdraw the present petition with a view to make a
representation before the appropriate authority.
5. In view of the above submission made by Learned Senior
Advocate Mr. Shelat, which is not opposed by Learned
Advocate Mr. Antani and Learned Advocate Mr. Ankit Shah,
the petition is disposed of as withdrawn, with liberty to the
petitioner to make a representation before the appropriate
authority.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
