Rajasthan High Court - Jaipur
Madhvendra Pareek S/O Shri Suresh ... vs National Board Of Examinations In ... on 6 September, 2021
Bench: Sabina, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 759/2021
in
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.)
----Appellant
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 Appellant(s) : Mr. Tanveer Ahamad, Advocate through video conferencing HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 06/09/2021 Appellant has filed the appeal challenging the order the 19.8.2021 passed by the learned Single Judge, whereby, the writ petition filed by the appellant was dismissed.
Learned counsel for the appellant has submitted that initially the appellant had not applied for participation in the (Downloaded on 07/09/2021 at 10:22:05 PM) (2 of 3) [SAW-759/2021] process of National Eligibility cum Entrance Test PG-2021 (hereinafter referred to as 'NEET PG-2021'), but now the respondents have permitted the candidates to apply for the test who will be completing their internship from 1.7.2021 to 30.9.2021. Hence, the appellant was also liable to be permitted to appear in the test.
Admittedly, vide notice dated 23.2.2021, applications were invited for NEET PG-2021. Appellant had not submitted his application in pursuance to the notice dated 23.2.2021. Thereafter, notice dated 6.8.2021 (Anexure-7 to the writ petition) was issued and the same reads as under:-
"National Board of Examinations in Medical Sciences New Delhi Dated:06.08.2021 NOTICE Subject: Opening of Registration Window and Edit Window for NEET-PG 2021
1. Pursuant to the directions of the Ministry of Health and Family Welfare (MoHFW), Govt. of India vide its letter no. C.18018/24/2021- MEP {FTS No. 8121780} dated 05.08.2021, it has been decided to open following online windows during 16.08.2021 to 20.08.2021:
A. Registration Window:
i. The National Medical Commission in its meeting held on 24.05.2021 has decided to extend the cut-off date for completion of internship to 30.09.2021 for the purpose of eligibility for NEET-PG 2021.
ii. Accordingly, desirous candidates who are completing their internship during 01.07.2021 to 30.09.2021 and are fulfilling all other criteria as prescribed in the Information Bulletin of NEET- PG 2021 can apply for NEET-PG 2021 during this window. iii. Such candidates shall be able to choose the preferred state for taking the examination. NBEMS shall allocate them to test city as per availability within the state chosen. B. Edit Window:
i. The Government of India vide its letter No. MoHFW C.18018/18/2015-ME-II dated 30.07.2021 had communicated the (Downloaded on 07/09/2021 at 10:22:05 PM) (3 of 3) [SAW-759/2021] decision regarding implementation of the OBC and EWS reservation in All India Quota scheme. ii. Therefore, candidates who are already registered for NEET- PG 2021 examination can change their category and EWS status during this window, if they desire to do so. The window will not allow change to any other information already provided in the application form.
2. Both Registration Window and Edit Window will open on 16.08.2021 (3PM onwards) and will close on 20.08.2021 (at 11:55PM). Same can be accessed through NBEMS website https://nbe.edu.in under NEET-PG 2021 weblink."
Thus, vide above notice dated 6.8.2021, cut-off date for completion of internship was extended, whereas, the appellant had already completed his internship in February, 2021. The purpose of issuing notice dated 6.8.2021 was that difficulty had been faced by the candidates who could not apply due to Covid-19 situation, as examination had been deferred. Since, the appellant had already completed his internship in February, 2021, nothing prevented him for applying in pursuance to the notice dated 23.2.2021 within the stipulated period.
Keeping in view the facts and circumstances of the present case, learned Single Judge had rightly dismissed the writ petition.
No ground for interference is made out. Dismissed.
(CHANDRA KUMAR SONGARA),J (SABINA),J Anil Makwana /42 (Downloaded on 07/09/2021 at 10:22:05 PM) Powered by TCPDF (www.tcpdf.org)