High Court of Gujarat
MEDGUJ ASSOCIATION OF GUJ MEDICAL COLLEGESversusMEDICAL COUNSELLING COMMITTEE(MCC)
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court held that, given the specific circumstances, the respondents must conduct an additional stray vacancy round to fill the three vacant MBBS seats.
Summary
The Medguj Association of Gujarat Medical Colleges filed a special civil application seeking a writ of mandamus directing the Medical Counselling Committee (MCC) and the Admission Committee to conduct an additional stray vacancy round to fill three vacant first‑year MBBS seats that became available after three students withdrew their admissions. The petition arose after earlier rounds of admission had filled 57 vacant seats, but the subsequent withdrawals left three seats unfilled. The court examined whether it could intervene in the admission process, which is governed by specific rules, and considered the public interest in ensuring that medical seats are not wasted. It noted that the respondents could impose or modify conditions, such as a deposit requirement, to prevent future withdrawals. Concluding that the peculiar facts warranted judicial intervention, the court directed the respondents to hold another stray vacancy round within ten days to fill the three seats, while clarifying that the order is not a precedent for future cases.
Issues considered
- Whether the court can issue a writ of mandamus directing the MCC and Admission Committee to conduct an additional stray vacancy round for MBBS seats.
- Whether the admission rules can be modified or conditions imposed to prevent seat wastage.
- Whether the order setting such a direction would bind future admissions as a precedent.
Subjects
- medical admission
- MBBS seats
- stray vacancy round
- mandamus
- writ petition
- higher education
- vacancy filling
Judgment
C/SCA/40/2026 ORDER DATED: 06/01/2026
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
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C/SCA/40/2026 ORDER DATED: 06/01/2026
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
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C/SCA/40/2026 ORDER DATED: 06/01/2026
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 4 th 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,
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C/SCA/40/2026 ORDER DATED: 06/01/2026
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 1 st 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 1 st 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
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/01/2026 17:33:15
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