Rajasthan High Court - Jaipur
Dr Amit Bagra And Ors vs State Of Raj And Ors on 19 April, 2017
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No.4844/2017
1. Dr. Amit Bagra, S/o Mr. Lallu Ram Bagra,, Aged About 26 Years,
Village Biharipura, Post- Sirsly, Tehsil Amber, Jaipur.
2. Dr. Saksham Sharma, S/o Dr. Satyendra Sharma,, Aged About
24 Years, C-71, Shyam Marg, Shastri Nagar, Jaipur.
3. Dr. Rishabh Bhargava, S/o Dr. Rakesh Kumar Bhargava,, Aged
About 23 Years, C-37, Mahesh Marg, Bapu Nagar, Jaipur.
4. Dr. Navendu Ranjan, S/o Mr. Ranjan Kumar Gupta,, Aged About
24 Years, C-52, Santpur, Patel Colony, Abu Road, Sirohi,
Rajasthan.
5. Dr. Deepak Raj Sakhnani, S/o Mr. Bhagwan Das Sakhnani,,
Aged About 26 Years, 12/16 Kaveri Path, Mansarovar, Jaipur.
6. Dr. Sukhdev Khadav, S/o Shri Ramnivas,, Aged About 24 Years,
Gajsinghpura, Teh.- Bhopalgarh, Jodhpur- 342901
7. Dr. Manoj Kumar Bheri, S/o Shri Mahaveer Prasad Bheri,, Aged
About 26 Years, Gangapura, Teh. - Fatehpur Shekhawati, Sikar
(Raj.)
8. Dr. Nandkishor Lohar, S/o Shri Gopal Lal,, Aged About 26 Years,
Kelwara, Teh. - Kumbhalgarh, Distt. - Rajsamand (Raj.)
9. Dr. Kalpana Choudhary, D/o Shri Danaram Choudhary,, Aged
About 24 Years, Mohan Vatika, Fatehpur, Shekhawati, Sikar (Raj.)
10. Dr. Nikhil Gandhi, S/o Dr. V.K. Gandhi,, Aged About 23 Years,
Transport Gali, G.S. Road, Bikaner - 334001
11. Dr. Mohammad Rehan, S/o Dr. Abdul Rayees,, Aged About 27
Years, 12/348, MP Nagar, Bikaner (Raj.)
12. Dr. Ankur Nama, S/o Shri Shiv Charan Nama,, Aged About 27
Years, 103/37, Pratap Nagar, Sanganer, Jaipur (Raj.)
13. Dr. Surabhi Akodiya, D/o Shri Kamal Akodiya,, Aged About 26
Years, Maharani Farm, Durgapura, Jaipur (Raj.)
14. Dr. Antima Nemiwal, D/o Shri Rakesh Kumar Nemiwal, Aged
About 26 Years, Sangeeta Sadan, Citylight Colony, Pipuali Road,
Sikar (Raj.)
15. Dr. Akanksha Tyagi, D/o Shri Vinay Kumar Tyagi,, Aged About
22 Years, B-20, Khalsa Nagar, Padampura Road, Sriganganagar
(Raj.)
16. Dr. Rajat Singhal, S/o Shri C.B. Gupta,, Aged About 23 Years,
(2 of 4)
[ CW-4844/2017]
145, Milap Nagar, Tonk Road, Jaipur (Raj.)
17. Dr. Rahul Sharma S/o Shri Kajor Mal Sharma,, Aged About 24
Years, 27, Kailash Nagar, Nath Ji Ki Thadi, Harnathpura, Jothwara
18. Dr. Prashasya Goyal, S/o Dr. D.D. Goyal,, Aged About 23
Years, A-16, Jawahar Nagar, Bharatpur (Raj.)
19. Dr. Aakansha Vashistha, S/o Shri R.R.K. Vashistha, Aged
About 24 Years, 19, Raghu Vihar, Near Railway Overbridge,
Jagatpura (Raj.)
20. Dr. Tanushree Singh, D/o Dr. Prithvi Raj Singh, Aged About 22
Years, Dr. T.B. Singh Farmhouse, Shivpuri Link Road, Gwalior
21. Dr. Shubham Sharma, S/o Shri Ramesh Chand Sharma, Aged
About 23 Years, 258, Rajendra Nagar, Bharatpur (Raj.)
22. Dr. Ladu Dewasi, D/o Shri Durga Ram, Aged About 25 Years,
Naimol, Teh. - Sanchore, Distt. Jalore (Raj.)
23. Dr. Ravi Gaur, S/o Shri Ramesh Kumar Gaur, Aged About 26
Years, 1st C Road, Behind Soni & Co., Sardarpura, Jodhpur (Raj.)
342003
24. Dr. Ankita Soni, D/o Shir Dharam Chand Soni, Aged About 24
Years, Plot No. 9, Maharaja Colony, Sikar Road, Jaipur (Raj)
----Petitioners
Versus
1. State of Rajasthan Through Its Principal Secretary, Department
of Medical & Health, Secretariat, Jaipur
2. State of Rajasthan Through Its Secretary, Directorate of Medical
Education, Government Secretariat, Jaipur.
3. NEET PG Medical & Dental Admission/ Counseling Board 2017
and Principal & Controller, SMS Medical College & Attached
Hospitals, Jaipur, SMS Medical College, JLN Marg, Jaipur Through
Its Chairman
4. Registrar, Rajasthan University of Health Science, Kumbha
Marg, Pratap Nagar, Jaipur.
5. Medical Council of India Through Its Secretary, Pocket14,
Sector 8, Dwarka, New Delhi.
----Respondents
Connected With S.B. Civil Writ Petition No.4759/2017 (3 of 4) [ CW-4844/2017]
1. Dr. Nitish Mathur, Son of Dr. Sandeep Kumar Mathur, Aged About 24 Years, D-116, Shivad Area, Bapu Nagar, Jaipur.
2. Dr. Rachita Mathur, Daughter of Dr. Deepak Kumar Mathur., Aged About 24 Years, D-116, Shivad Area, Bapu Nagar, Jaipur.
----Petitioners Versus
1. State of Rajasthan Through the Principal Secretary to the Government of Rajasthan, Medical Health & Family Welfare Department, Government Secretariat, Jaipur.
2. The Secretary to Government, Medical Education, State of Rajasthan, Secretariat, Jaipur.
3. The Registrar, Rajasthan University of Health Sciences, Kumbha Marg, Pratap Nagar, Jaipur.
4. Medical Council of India Through Its Secretary, Pocket 14, Sector 8, Dwarka, New Delhi
5. The Chairman, NEET PG Medical and Dental Admission/Counseling Board-2017 And Principal and Controller, S.M.S. Medical College Ane Attached Hospitals, Jaipur.
----Respondents _____________________________________________________ For Petitioner(s) : Mr. R.K. Mathur, Senior Counsel with Ms. Poorvi Mathur.
Mr. Khushagra Sharma.
For Respondent(s) : Mr. S.K. Gupta, AAG. _____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order 19/04/2017 Admittedly, the very issue agitated in this writ petition is pending active consideration of the Apex Court in SLP No.11692/2017 titled Dr. Amit Bagri Vs. State of Rajasthan. It cannot be disputed that the outcome of the aforesaid SLP before (4 of 4) [ CW-4844/2017] the Apex Court will determine the law and the rights of the petitioners and be binding on them.
In this view of the matter it serves no purpose to continue with proceedings on the very same issue before this Court, as was submitted by Mr. S.K. Gupta, AAG.
Mr. R.K. Mathur Senior Counsel appearing with Ms. Poorvi Mathur does not have any serious objection to the petitions being disposed of clarifying that the petitioner's rights as agitated in their petitions would be governed by the judgment of the Apex Court in SLP No.11692/2017 titled Dr. Amit Bagri Vs. State of Rajasthan.
There is merit in the submissions.
It would be quite appropriate to dispose of the petitions with the condition that the rights of the petitioners herein will be determined in term of the judgment rendered by the Apex Court in the aforesaid SLP.
The petitions are accordingly disposed of with the caveat that the rights of the petitioners herein will be determined in the manner adjudicated by the Apex Court in SLP No.11692/2017 titled Dr. Amit Bagri Vs. State of Rajasthan.
(ALOK SHARMA), J.
Karan