Madhya Pradesh High Court
Samyak Jain Minor Thr. Natural Guardian ... vs The State Of Madhya Pradesh on 4 December, 2018
THE HIGH COURT OF MADHYA PRADESH
W.P.No.23154/2018 (Samyak Jain and another Vs.
State of M.P. and others )
1
Gwalior
4.12.2018
Shri Amit Lahoti, learned counsel for the
petitioners.
Shri Harish Dixit, learned Govt. Advocate for the
respondents.
Heard on admission.
Petitioners, by way of present petition, seek following reliefs :
"(i) That the impugned action of the respondents giving admission to candidates in the MBBS Course belonging to reserved category under the general category may kindly be quashed.
(ii) That, the respondents may further be directed to reschedule the process of admission and after following the norms of reservation give admission to the petitioners on the basis of their ranking without adjusting their seats against the reserved category candidates.
(iii) Any other suitable direction which this Hon'ble Court deems fit in the facts and circumstances of the case may kindly be passed."
It is contended that the reserved category THE HIGH COURT OF MADHYA PRADESH W.P.No.23154/2018 (Samyak Jain and another Vs. State of M.P. and others ) 2 candidate who applied under the respective category participated in the NEET Examination with added benefit such as relaxation in age as well as in respect of percentage of marks in the qualifying examination as well as NEET Examination. It is urged that having taken such benefit the candidates belonging to the reserved category cannot be permitted to switch over to general category in respect of allotment of seats and ought to have been considered under their own category, but because of they being accommodated on the seat reserved for general category, the petitioners who belong to general category grave prejudice is caused to the interest of the petitioners. The contention to that effect find mention in para 5.14 of the petition which is in the following terms:
"5.14 That, here it is not the case that reserved category candidates who have applied under their category participated in the NEET Examination without any added THE HIGH COURT OF MADHYA PRADESH W.P.No.23154/2018 (Samyak Jain and another Vs. State of M.P. and others ) 3 benefit. As mentioned in earlier paras there is a relaxation not only in age but also with respect to percentage of marks in the qualifying examination as well as the NEET Examination. Thus, such candidates who have participated with the general category candidates by taking some advantage in eligibility test, they cannot be allowed to switch their category at the time of seeking admission in the college thereby depriving the candidates of general category to take admission and which has clearly violated the rights of the petitioners who could not get the admission because of such flaw and illegality done during the process of conseling and admission by the respondents which clearly amounts to colorable exercise of power and violates Article 14 & 16 of the Constitution of the India. Hence, such action deserves to be quashed."
However, no cogent material are brought on record to substantiate contention made in para 5.14 on behalf of the petitioner. Earlier on the request of the petitioner repeated opportunity was granted to bring on record the cogent material documents to substantiate the contention raised. However, no such material is brought on record.
THE HIGH COURT OF MADHYA PRADESH W.P.No.23154/2018 (Samyak Jain and another Vs. State of M.P. and others ) 4 In view whereof, since the petitioner fails to establish that reserved category candidates having obtained advantage under the category which being accommodated against general category seats cannot be accepted.
Consequently, since no relief can be granted, petition fails and is dismissed.
(Sanjay Yadav) (Vivek Agarwal)
Judge Judge
Pawar/-
ASHISH PAWAR
2018.12.07
13:43:34
+05'30'