Rajasthan High Court - Jaipur
Madhvendra Pareek S/O Shri Suresh ... vs National Board Of Examinations on 19 August, 2021
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9143/2021
Madhvendra Pareek S/o Shri Suresh Pareek, Aged About 25
Years, Resident Of 71/32, Near Kv-5, Patel Marg, Mansarovar,
Jaipur (Raj.)
----Petitioner
Versus
1. National Board Of Examinations, In Medical Sciences,
New Delhi Through Its President, Court, Dabri - Gurgaon
Road Near District, Dwarka Sector 9 Rd, Psp Area, New
Delhi, Delhi 110075
2. National Medical Commission, Through Its Secretary
Pocket-14, Sector -8, Dwarka Phase -1, New Delhi-
110077
3. Executive Director, National Board Of Examination Court,
Dabri - Gurgaon Road Near District, Dwarka Sector 9 Rd,
Psp Area, New Delhi, Delhi 110075
----Respondents
For Petitioner(s) : Mr.Tanveer Ahamad, Adv. (Through Video Conferencing) For Respondent(s) : Mr.Angad Mirdha, Adv. (Through Video Conferencing) Mr.Ajay Shukla, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 19/08/2021 Learned counsel Mr.Angad Mirdha appears on behalf of the respondent No.2-National Medical Commission and copy of the petition has been supplied to learned counsel Mr.Ajay Shukla appears on behalf of respondent No.1.
Heard learned counsel for the parties.
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(2 of 6) [CW-9143/2021]
The instant petition has been filed by the petitioner
challenging the notice dated 06.08.2021 by which he is said to be deprived from participating in the process of National Eligibility Cum Entrance Test (hereinafter called 'NEET') PG-2021.
The petitioner also challenges the condition of permitting only those candidates, who are to complete their internship of MBBS from 01.07.2021 to 30.09.2021 and restricts the participation of other candidates.
Learned counsel Mr. Tanveer Ahamad appearing on behalf of the petitioner submitted that the petitioner possesses the requisite eligibility of participation in NEET PG-2021 and the petitioner has also completed his internship in February, 2019, as he was admitted in MBBS Course in August, 2013 from Guru Teg Bahadur University College of Medical Sciences, University of Delhi.
Learned counsel submitted that initially notice was issued by the National Board of Examination, New Delhi dated 23.02.2021, where applications were invited for NEET PG-2021 and the timeline was prescribed in the said notice by submitting online application form from 23.02.2021 to 15.03.2021 and date of examination was fixed on 18.04.2021.
Learned counsel submitted that the petitioner unfortunately could not apply in the month of February, 2021 as he was assigned duty in Private Hospital during Pandemic COVID-19.
Learned counsel submitted that the initial date, which was fixed for filling the examination form, was later on extended and as such the date was extended up to 05.04.2021 and again the date so fixed, was extended by notice dated 12.04.2021.
Learned counsel for the petitioner submitted that presently notice dated 06.08.2021 has been issued by the National Board of (Downloaded on 25/08/2021 at 10:02:30 PM) (3 of 6) [CW-9143/2021] Examination, whereby it has been decided to open online Registration windows from 16.08.2020 to 20.08.2021.
Learned counsel submitted that the registration window is now open for the candidates, who are completing their internship during 01.07.2021 to 30.09.2021 and are fulfilling other criteria as prescribed in the information Bulletin of NEET-PG, 2021 and such candidates can apply for NEET-PG, 2021 during this online window.
Learned counsel submitted that Edit window is also provided for OBC candidates & EWS candidates, however, the petitioner is not concerned with the same.
Learned counsel submitted that if the petitioner was prevented by the sufficient cause from applying in NEET-PG, 2021, since examination/registration window is open now, the same should not be restricted to only those candidates, who will complete their internship during 01.07.2021 to 30.09.2021 and examination window should be allowed to be available to the candidates like petitioners.
Learned counsel also submitted that the petitioner has submitted his application form but somehow the column relating to completion of the internship period since relate to 01.07.2021 to 30.09.2021, the petitioner is not treated eligible and his online application form was not accepted.
Learned counsel submitted that there is no object of fixing the date from 01.07.2021 to 30.09.2021 for completion of internship and to allow only such candidates.
Learned counsel submitted that the said date might have been extended for the candidates due to postpone of the examination, however, the other eligible candidate should be also (Downloaded on 25/08/2021 at 10:02:30 PM) (4 of 6) [CW-9143/2021] allowed to fill the online application form, if they are otherwise eligible.
Learned counsel further submitted that the meritorious candidates, who intend to participate in the examination should not be deprived to appear in the examination only because some arbitrary criteria is fixed by the authorities without having any object in their mind.
Learned counsel Mr.Angad Mirdha appearing for the respondent No.2 submitted that the notice dated 06.08.2021 has been issued only for a limited purpose and those candidate, who will be completing their internship from 01.07.2021 to 30.09.2021 will be allowed to fill their online application form.
Learned counsel submitted that the purpose of issuing such notice is to grant choice to those candidates, who had not initially completed the internship, when the original examination was scheduled and now if the examination has been deferred, all such candidates, who will be completing their internship during period from 01.07.2021 to 30.09.2021, should be allowed to write the examination.
Learned counsel submitted that once the petitioner has not filled the examination form well within time, even when he was eligible, when initial notice was issued, granting relief to such similarly situated candidates including petitioners will be nothing but opening the Pandora box and the examination process will never be complete.
Learned counsel further submitted that those candidates who were eligible at relevant time, when initial notice was issued for holding examination, such candidates can alone appear in the examination and now granting opportunity to the candidates, who (Downloaded on 25/08/2021 at 10:02:30 PM) (5 of 6) [CW-9143/2021] failed to apply, will result into total chaos for the examination body.
Learned counsel further submitted that facts of the present case reflects that the petitioner had passed his MBBS in February, 2019 and his internship was also completed, as he got the internship completion certificate dated 08.02.2019.
Learned counsel submitted that the petitioner having failed to fill examination form at relevant time, may not be permitted to sit in the examination of NEET-PG 2021 in pursuance of the notice dated 23.02.2021.
I have heard the submissions made by learned counsel for the parties and perused the material available on record.
This Court on a bare reading of the notice finds that the National Board of Examination has opened the registration window for only those candidates, who will be completing their internship from 01.07.2021 to 30.09.2021.
This Court finds that examination has been deferred due to COVID-19 and during this period if the candidates become eligible by completing their internship, only such candidates have been given choice to write examination.
The very purpose of notice is to consider the difficulty faced by the candidates, as they could not apply and due to COVID-19 they have undergone the internship period and now if the examination is held on a subsequent date, such candidate are being permitted to write their examination.
This Court finds that there is object behind issuing notice of opening the registration window and as such the petitioner cannot claim any benefit on the basis of such relaxation given to the (Downloaded on 25/08/2021 at 10:02:30 PM) (6 of 6) [CW-9143/2021] candidates, who have completed their internship during the stipulated period as prescribed in the notice.
This Court further finds that the petitioner since has completed his MBBS in February, 2019 itself, nothing prevented him from applying within time for participating in the examination, having failed to apply in time, the petitioner does not deserve any indulgence from this Court.
This Court does not find any force in the writ petition and accordingly the same is dismissed.
(ASHOK KUMAR GAUR),J Monika/Ramesh Vaishnav 57 (Downloaded on 25/08/2021 at 10:02:30 PM) Powered by TCPDF (www.tcpdf.org)