Rajasthan High Court - Jaipur
Aman Singh vs Secretary (Medical Education)Ors on 22 September, 2016
Author: Alok Sharma
Bench: Alok Sharma
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
(1)S.B. Civil Writ Petition No.13047/2016
Aman Singh vs. The Secretary (Medical Education),
Directorate of Medical Education, Govt. Secretariat
Building, C-Scheme Jaipur (Rajasthan) & Ors.
(2)S.B. Civil Writ Petition No.13049/2016
Harshit Kumar vs. The Secretary (Medical Education),
Directorate of Medical Education, Govt. Secretariat
Building, C-Scheme Jaipur (Rajasthan) & Ors.
(3)S.B. Civil Writ Petition No.13050/2016
Ayushi Goyal vs. The Secretary (Medical Education),
Directorate of Medical Education, Govt. Secretariat
Building, C-Scheme Jaipur (Rajasthan) & Ors.
(4)S.B. Civil Writ Petition No.13163/2016
Mudit Vijay vs. The Secretary (Medical Education),
Directorate of Medical Education, Govt. Secretariat
Building, C-Scheme Jaipur (Rajasthan) & Ors.
(5)S.B. Civil Writ Petition No.13164/2016
Manikanta vs. The Secretary (Medical Education),
Directorate of Medical Education, Govt. Secretariat
Building, C-Scheme Jaipur (Rajasthan) & Ors.
(6)S.B. Civil Writ Petition No.13165/2016
Rajendra Prasad Bhookharya vs. The Secretary (Medical
Education), Directorate of Medical Education, Govt.
Secretariat Building, C-Scheme Jaipur (Rajasthan) & Ors.
(7)S.B. Civil Writ Petition No.13166/2016
Priya Arya vs. The Secretary (Medical Education),
Directorate of Medical Education, Govt. Secretariat
Building, C-Scheme Jaipur (Rajasthan) & Ors.
(8)S.B. Civil Writ Petition No.13193/2016
Sakshi Sharma vs. Rajasthan University of Health
Sciences, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur
& Ors.
(9)S.B. Civil Writ Petition No.13244/2016
Alakh Gupta vs. Chairman, UG admission Board NEET
2016 & Principal RUHS College of Dental Sciences &
Hospital, Jaipur & Anr.
(10)S.B. Civil Writ Petition No.13297/2016
Tanuja Saini vs. State of Rajasthan & Ors. through
Principal Secretary, Medical & Health Education
Department, Govt. Secretariat, Jaipur (Raj.) & Ors.
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(11)S.B. Civil Writ Petition No.13298/2016
Dushyant Pratap Singh vs. The Chairman, UG Admission
Board, NEET 2016 and Principal RUHS College of Dental
Sciences & Hospital Jaipur & Anr.
Date of Order-::-22nd September, 2016
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Kapil Gupta ]
Mr. Mahendra Shandilya ]
Mr. Vikram Singh Shekhawat ]
Mr. Sunil Kumar Singh ]
Dr. Saugath Roy ]
Mr. P.S. Sirohi ] for petitioners.
Mr. S.K. Gupta, AAG ]
Mr. M.A. Khan ] for respondents.
By the Court:-
The issue involved in all eleven petitions, is common, and hence they are being disposed of by this common order.
S.B.C.W.P. No.13047/2016 (Aman Singh vs. The Secretary (Medical Education), & Ors.) is being taken as the lead case and its facts adverted to.
The petitioner participated in the National Eligibility Cum Entrance Test (hereinafter 'NEET (UG)-2016') for admission into under graduate courses in Medical and Dental Colleges in 2016, and secured 99.248383 percentile at the examination aforesaid. Being eligible, he got obtained registration for on-line counselling for allotment of a seat in MBBS under the All India Quota. Simultaneously he -3- also got registered for on-line counselling for admission to MBBS/BDS on a seat in the State quota. In the second round of counselling for a seat in the MBBS Course under the All India Quota, the petitioner was allotted a seat in the College of Medicine & JNM Hospital Kalyani, West Bengal. The petitioner has availed the said allotment, paid the requisite fee, submitted his original documents with the said college which are now in the College's custody as per obtaining rules of admission and has been admitted.
Second round off-line counselling for admission into the seats vacant in the Rajasthan State quota in the MBBS/BDS courses after first counselling was notified on 20.09.2016. As per the booklet for information for counselling for Admissions to Medical/Dental Colleges uploaded on websites on 26.08.2016, procedure for allotment of seats/ admission to MBBS/BDS courses against the State quota seats was prescribed. The application procedure detailed therein interalia pertained to documents required at the time of joining/ reporting and provided that the candidates, for the admission should print and preserve 2 copies of the registration form filled on-line along with the following -4- documents compulsorily i.e.:-
i. Receipt issued by e-Mitra/CSC Kiosk containing the Token number.
ii.NEET 2016 Score Card
iii.Allotment Letter
iv.Mark sheet of 10+2 (senior school
certificate examination) or its
equivalent
v.Date of Birth Certificate: 10th class mark sheet/ certificate or any other equivalent certificate showing the date of birth vi.Mark sheet of secondary examination (10th class).
It has been further provided that candidates without original certificates/documents would not be allowed to take admission in the allotted college under any circumstance.
Mr. Kapil Gupta appearing for the petitioner submitted that the petitioner has deposited his original mark sheet of the Senior Secondary and Secondary Examination with the College of Medicine & JNM Hospital, Kalyani, West Bengal on or about 15.09.2016 when he was admitted to the said College. Since the original mark sheets have been so deposited, the Principal of the said college has issued a certificate that the senior secondary/secondary mark sheets have been -5- deposited with the college and remain in its custody.
It was submitted that the petitioner is now desirous of participating in the second off-line counselling for the State quota seats being held on 23/24.09.2016, for which he is already registered and is entitled to be considered for admission to vacant seats in a college of his choice as per his merit and preference. It was submitted that however in terms of the notification dated 20.09.2016 under the hand of the Chairman, UG Admission Board NEET 2016, it has been mandated, contrary to the requirements set out in the instructions/guidelines for the UG-counselling 2016, that all candidates seeking participation in the second round off-line counselling should carry their original certificates of eligibility failing which they would not be allowed to participate nor considered for admission. Counsel submitted that the aforesaid requirement under the notification dated 20.09.2016 is a clear deviation from the instructions/guidelines first notified by the Chairman, UG Admission Board NEET 2016 and is wholly irrational and discriminatory against the petitioner. The aforesaid condition of the notification of 20.09.2016 will entail the petitioner being denid consideration for admission to a MBBS Course in the -6- State quota seat despite his better his comparative merit, as the petitioner holds 1026th ranking in State wise merit list. Appropriate directions to be allowed participation in the second round off-line counselling for admission to MBBS/BDS 2016 have been sought in the circumstance, with an undertaking that requisite documents of eligibility will be furnished in the original within the prescribed time for admissions to the college allotted.
The petition has been opposed by the State as also by the Chairman, UG Admission Board NEET 2016 for admission to MBBS/BDS seats in the State quota. Mr. S.K. Gupta, AAG appearing for the State submitted that instructions contained in the information booklet issued by the Chairman, UG Admission Board NEET 2016 clearly provide that the selected candidate must carry all requisite certificates/documents in original along with self- attested copies of the same for verification at the time of reporting to the alloted college, failing which their admission would stand cancelled. The instructions further provide that the candidates without original certificates/documents would not be entitled to take admission at the alloted college under any circumstances. It has been submitted that -7- the petitioner has already been admitted against the All India Quota seats at the College of Medicine & JNM Hospital Kalyani, West Bengal and has deposited his mark sheets and other documents of eligibility in original with the aforesaid college at the time of his admission--as was mandatorily required. It has been submitted that in terms of the notification dated 20.09.2016 now issued, it follows that unless those admitted to MBBS/BDS course under All India Quota seats resign from the seat to which they have been admitted and obtain the return of their original documents, they cannot be allowed to participate in the second round of counselling for the State Quota seats in the Medical/Dental Colleges in the State of Rajasthan. The only exception in this regard is to the candidates who have been admitted into a medical/dental college alloted through the Rajasthan State process, Mr. S.K. Gupta, has emphatically submitted that the matter at hand pertains to admission processes to medical/dental college and the guidelines therefore are sacrosanct as all admissions have to be finally completed by 30th September of each year as has been directed by the Apex Court. Mr. S.K. Gupta, further submitted that the petitioner cannot be -8- allowed to be in a situation where he can have admission on two seats at a given point of time, one against the All India Quota at the College of Medicine & JNM Hospital Kalyani, West Bengal and other through the second off-line counselling in which he seeks now to participate without resigning from the said seat. It was submitted that a wholistic construction of the conditions for the counselling for the seats in the All India Quota and the seats under the State quota and their chronology indicates that before participating in the subsequent counselling for MBBS/BDS seat in the State quota, a candidate who has been admitted to a All India Quota seat, has to resign, take back his original documents from the college to which he was earlier admitted and present them at the time of counselling for allotment of a State quota seat. It was submitted that if the petitioner despite his admission to an All India Quota seat is allowed to participate in the counselling for a seat in MBBS/BDS in the State Quota, it has the potential of having an invidious effect of leading to wastage of a valuable seat in MBBS/BDS course, either in the All India Quota or the State Quota affecting the prospects of other eligible aspirants. It was submitted that in the event, the petitioner were -9- not to join on seat--MBBS/BDS--alloted to him in the State quota in the second round of counselling and deposit the requisite original documents and applicable fee, on or before 26.09.2016 the seat allotted is likely to be wasted in view of the fact that the Apex Court in the case of Priya Gupta versus State of Chhatishgarh (2012) 7 SCC 433 has prohibited third counselling.
Mr. M.A. Khan appearing for the Chairman, UG Admission Board NEET 2016 while adopting Mr. S.K. Gupta's arguments has additionally submitted that keeping in mind the fact that no third counselling is permitted for admission into MBBS/BDS seats and 30th September 2016 is the last date for all admissions, the Chairman has called the nominees of all medical colleges at his college campus at the time of second round of counselling such that as soon as any seat is allotted to a candidate, he will be required to submit original documents for verification with the nominee of the alloted college and be admitted, with the college concerned retaining the candidate's original documents of eligibility. In the event of failure of the candidate to submit the original documents for verification at the time of counselling, allotment of seat to such -10- candidate would lapse and instead the seat alloted to the next candidate as per merit and preference.
Heard. Considered.
Rights conferred in law are sacrosanct. Once conferred, the right cannot be taken away unless specifically provided for--also by law which cannot unless made in the exercise of plenary power be retrospective. Instructions in the information booklet uploaded on the concerned websites and as issued by the office of the Chairman, UG Admission Board NEET 2016 for registration for counselling for admission to MBBS/BDS Courses 2016 interalia provided for the documents required to be submitted at the time of joining/reporting. There was no specific provision therein with regard to the documents being required to be submitted at the time of counselling, whether the first counselling on- line and the second counselling off-line. The documents required only at the time of joining/reporting/admissions under the instructions issued governing counselling cannot be contrarily required, as by of the belated notification dated 20.09.2016 by the Chairman, UG Admission Board 2016 to be submitted at the time of counselling. For participation in counselling by those who were -11- registered by 01.09.2016, Token Number issued by the e-Mitra/CSC Kiosk, NEET 2016 Score Card and attested copies of mark sheets of senior secondary and secondary examination as also certificate of the college where the candidate has been admitted under the All India Quota seat to a MBBS/BDS Course recording custody of the originals should suffice. It is not for this Court to consider the ramifications, administrative or otherwise of the candidates being allowed to participate in second off-line counselling without the original documents. It was for the State and the Chairman of the UG Admission Board NEET 2016 to so consider at the time of the notification of the instructions contained in the information booklet issued for counselling for admissions into various Medical/Dental colleges under the State quota following the NEET (UG) 2016. The said instructions clearly provide that only subsequent to allotment of colleges at the counselling, first or second as may be, the selected candidate must carry all requisite documents in original alongwith self-attested copies of the same for verification: "at the time of reporting at the alloted college." To now require the candidates eligible to participate at the second round off-line -12- counselling to submit the original documents/certificates at the time of counselling is a deviation from the aforesaid instructions contained in the information booklet issued by the office of the Chairman, UG Admission Board NEET 2016. Ineligibility of candidates other wise entitled to participate in the second round off-line counselling for admission to Medical/Dental College against the State Quota cannot be thrust on them in this round
--about and indirect manner. The petitioner is eligible for the second round counselling as per instructions first issued and claims merit good enough to be alloted a seat in the subject/college of his choice in a Medical/Dental College under the State quota. He cannot be denied the right of consideration on the introduction of an additional condition as sought to be done under the notification dated 20.09.2016. To that extent instruction No.5 in the notification dated 20.09.2016 is set-aside.
It is indeed not impossible to visualize the situation as submitted by Mr. S.K. Gupta and Mr. M.A. Khan where a candidate alloted a college in the second round off-line counselling may not join. That to my mind is however a situation which is -13- redeemable by providing for a waiting list such that in the event of the candidate alloted a college not joining it by the prescribed date on the following requisite prescribed conditions, the vacant seat can be offered in the order of merit to those in the waiting list--albeit only before 30.09.2016. Such a methodology would not be in the cross hairs of the judgment of the Apex Court in the case of Priya Gupta (supra) which has been relied upon by the counsel appearing for the State as also for the Chairman, UG Admission Board NEET 2016. It is however made clear that participation in the second round off-line counselling would be by the candidates in person and not through an agent/power of attorney. Aside of the token number of the receipt issued by the e-Mitra/CSC Kiosk and the NEET 2016 Score Card, the candidate would also be required to submit attested photocopies of the original documents relevant and required at the time of admission and as detailed in the instructions contained in the information booklet issued by the office of the Chairman, UG Admission Board NEET 2016 besides a certificate from the College where the candidate has been admitted against the All India Quota seat stating that the said original -14- certificates are in the custody of the College. It is also made clear that in the event of any of the students alloted a college in the second round off- line counselling, failing to submit the original documents on or before 26.09.2016 the date notified by the Chairman, UG Admission Board NEET 2016, for the purpose their admission would stand cancelled and the candidates in the waiting list would be in order of their respective inter--merit therein, be entitled to be admitted to the concerned college.
The aforesaid directions will however, as prayed for by Dr. Pradeep Jain, the Chairman, UG Admission Board NEET 2016, who is present in person in Court, be subject to any further directions of the Apex Court with regard to the third or extended counselling for admission to MBBS/BDS 2016.
All the petitions stand disposed of accordingly. A copy of this order be placed in each petition.
Office is directed to supply a copy of this order to Mr. S.K. Gupta, AAG forthwith.
(ALOK SHARMA), J.
R.Vaishnav Karan, Himanshu.