Rajasthan High Court - Jaipur
Lokendra Singh Nathawat S/O Shri ... vs Union Of India Through The Secretary on 29 September, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 19655/2018
Lokendra Singh Nathawat S/o Shri Bhanwar Singh Nathawat,
Aged About 19 Years, Resident Of 248, C Block, Panchsheel,
Ajmer, Rajasthan. ----Petitioner
Versus
1. Union of India through the Secretary, Ministry of Health and
Family Welfare, New Delhi.
2. State of Rajasthan through the Principal Secretary, Medical
Education Department, Government Secretariat, Jaipur.
3. The Medical Council of India through its Secretary, Pocket-14,
Sector-8, Dwarka Phase-I, New Delhi-110077.
4. National Eligibility cum Entrance Test (UG-2018) through
Director NEET, Central Board of Secondary Education, "Shiksha
Kendra", 2, Community Centre, Preet Vihar, Delhi, 110092.
5. The NEET UG Medical and Dental Admission/Counseling
Board-2018 through its Chairman Principal & Controller, SMS
Medical College, Jaipur.
6. The Jaipur National University Institute for Medical Sciences
and Research Centre Jaipur, through its Principal Kho-Nagoriyan
Jaipur.
7. Dr. S.N. Medical College and Associated Group of Hospital,
Jodhpur through its Principal & Controller.
8. Medical Counseling Committee through its ADG (ME), 352-A
Nirman Bhawan, Directorate General of Health Services, Ministry
of Health and Family Welfare Government of India, New Delhi.
----Respondents
For Petitioner(s) : Mr. Tanveer Ahmad, Adv. For Respondent(s) : Mr. R.D. Rastogi, Addl. Solicitor General assisted by Mr. Prafful Nagar, Adv. Mr. Y.S. Jadaun, on behalf of Mr. S.K. Gupta, Addl. Advocate General.
Mr. Angad Mirdha, for MCI. Mr. Vishwas Saini, on behalf of Mr. M.S. Raghav, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 29/09/2018 The instant petition is filed by the petitioner on 29.08.2018 seeking a direction to give admission in MBBS course pursuant to (2 of 7) [CW-19655/2018] notification published in the news paper dt.28.08.2018 for filling remaining vacant seats at Jaipur National University, Jaipur.
The petitioner later on amended the writ petition and the amended prayer has been made that the vacant seat at Dr. S.N. Medical College, Jodhpur in MBBS course, may be given to him and further a suitable direction may be given against the respondents for not creating obstacle in the admission of the petitioner.
The brief facts of the case are that the petitioner had studied 'Biology' subject as an additional subject in the Senior Secondary Examination. The petitioner had participated in the NEET, UGC Examination, 2018 and petitioner was declared successful in the result of the NEET Examination. The petitioner has pleaded that in spite of securing higher position in the merit for admission, he was not considered eligible on account of having Biology subject as an additional subject in the Senior Secondary Examination.
The petitioner has pleaded in his petition that similarly situated persons approached Delhi High Court by filing W.P.(C) No.6773/2018 [Tanishq Gangwar & Ors. Vs. Union of India & Ors.] which came to be allowed vide order dt.17.08.2018 and the Delhi High Court quashed the condition prescribed by the MCI of possessing the Biology subject as an additional subject.
The petitioner has pleaded that after securing merit in the State Quota No.2491 and All India Rank No.13166, the petitioner became entitled in first round of counseling for allotment of seat as per his merit, however, he was denied the admission. The petitioner has further pleaded that on 28.08.2018 Jaipur National University had published notification in the News Paper for a vacant seat and petitioner had also participated in the second (3 of 7) [CW-19655/2018] round of counseling but he was not given admission. The petitioner has further pleaded that in the mop up round of counseling also he was deprived from admission.
Mr. Tanveer Ahmad, counsel for the petitioner, has submitted that once the impediment of having Biology subject has been done away by judgment of the Delhi High Court by quashing the notification of MCI, all the candidates like petitioner, became entitled for admission on the basis of their merit and depriving such candidates from admission is wholly unjustified.
Learned counsel for the petitioner, has submitted that the petitioner has approached this Court on 29.08.2018 and restraint which has been put forward by MCI in their regulations to grant admission upto 31.08.2018, is not applicable in the present case.
This Court on 26.09.2018 has issued notices of the writ petition to the respondents and Mr. R.D. Rastogi, Addl. Solicitor General, appeared on behalf of the respondent No. 1 and Mr. S.K. Gupta, Addl. Advocate General, appeared on behalf of the respondent Nos. 2 & 5.
Mr. Angad Mirdha, counsel for MCI has submitted that the petitioner is not entitled for any relief as the cut-off date for granting admission in MBBS course in NEET Examination, 2018 has already gone.
Learned counsel has submitted that MCI had initially published a notification dt.05.02.2018 whereby, the MCI has declared time schedule for completion of admission process for first MBBS course for academic year 2018-19. The last date of joining was prescribed for State counseling as 18.08.2018 and for central counseling was 31.08.2018. Learned counsel has submitted that there was another Gazette notification (4 of 7) [CW-19655/2018] dt.18.05.2018, where it was made clear that in any circumstances last date of admission/joining, will not be extended after 31.08.2018.
Learned counsel has further submitted that in respect of initial claim of the petitioner for vacant seat at Jodhpur, one more candidate-Madhu Chauhan filed a writ petition before this Court SBCWP No.21581/2018. Learned counsel has submitted that the coordinate Bench after placing reliance on the cut-off date and Gezette notification issued by the MCI, refused to grant any relief as the admission is prohibited for academic year 2018-19 and onwards subsequent to 31.08.2018. Learned counsel has submitted that once the similarly situated candidates also sought direction against the vacant seat at Jodhpur and the same has declined relief, no indulgence is required to be given to the present petitioner as well. The order passed by the coordinate Bench in SBCWP No.21581/2018 is reproduced hereunder:-
"The petitioner appears to have got a wind on the vacant seat following Ms.Armaandeep Kaur Virk's resignation from her seat from Dr.S.N. Medical College Jodhpur and has therefor filed this petition seeking directions for being considered for admission to the said vacant seat.
Reply to the writ petition has been filed by the respondent--NEET UG Medical Board, 2018. Appearing for it Mr.S.K. Gupta, AAG submitted that this petition is without any legal foundation and misdirected inasmuch as in terms of the schedule in the Graduate Medical Education, Regulations, 1997 (hereafter 'Regulations of 1997') as amended on 6.2.2018 the last date for admission/ joining in the MBBS Course for Academic Year 2018-19 and onwards both on the Central and State quota seats is 31.8.2018. Mr.S.K. Gupta, submitted that subsequently by an amendment to the Regulations of 1997 notified on 18.5.2018, it has been categorically provided that "in any circumstances, (5 of 7) [CW-19655/2018] last date for admission/ joining will not be extended after 31st August, 2018 of the given Academic Year." In this aforesaid scheme of the statutorily Regulations of 1997, Mr.S.K.Gupta, AAG appearing for the respondent--NEET PG Medical and Dental Admission/ Counselling Board, 2018 and Mr.Angad Mirdha, for respondent-- MCI have submitted that the petitioner cannot seek a direction from this Court on 26th September, 2018 for admission in breach of the prohibition in regard thereto in the Regulations of 1997. They submitted that the equitable jurisdiction of this Court under Article 226 of the Constitution of India does not extend to a direction contrary to the law. Mr.Rajendra Soni counsel for the petitioner sought to rely upon the judgment of the Apex Court in the case of Priya Gupta vs. State of Chhatisgarh [(2012)7 SCC 433] to contend that the last date for admission to MBBS Course is 30.9.2018 even for the Academic Year 2018-19.
I am afraid that the argument of Mr.Rajendra Soni is quite misplaced and reliance placed on the aforesaid judgment is quite desperate and obviously of no avail as the said judgment relates to admission to MBBS Course for the Academic Year 2011- 12 which were governed by the then extant Regulations. For the purpose of evaluation of the case of the petitioner as agitated in this petition, reference to Regulations of 1997, as presently obtain is necessary. And as recorded above, in terms thereof, a categorical prohibition obtains on admissions to the MBBS Course for the Academic Year 2018-19 and onwards subsequent to 31.8.2018.
The petitioner in the circumstances has not been able to make out any case for this Court to exercise its extraordinary equitable jurisdiction and issue the direction sought as no legal or fundamental right of the petitioner has been contravened.
The petition is dismissed."
Mr. Tanveer Ahmed, counsel for the petitioner has placed reliance on the order passed by this Court in SBCWP No.18545/2018 [Neha Choudhary Vs. National Eligibility-cum-
(6 of 7) [CW-19655/2018] Entrance Test & Ors.] dt.27.08.2018. Learned counsel has submitted that the petitioner in that case i.e. Neha Choudhary had approached this Court against arbitrary action of the respondents in not giving admission to her. This Court on 27.08.2018 allowed the petition and granted admission to the said candidate. The operative portion of the order passed in SBCWP No.18545/2018 is reproduced hereunder:-
"It is thus apparent that once a provision of a Central Statute has been declared ultra-vires and struck off, that provision would be inoperative through the territory of India. Resultantly the petitioner's alleged disability in view of not having studied Biology for a continuous period of two years at the Sr. Secondary level, is of no consequence. The petitioner has qualified the NEET, 2018 examination. She is eligible to be admitted to MBBS seat in terms of her merit in the seats in the State quota. It is not in dispute that a vacancy obtains in the payment seat at the Raj Mes Medical College, Bharatpur even after the mop up round. Equity also warrants that the injustice to the petitioner so far done is rectified by this Court with appropriate directions.
On the aforesaid facts, I am of the considered view that both in law and in equity the petitioner is entitled to a direction to the Admission / Counselling Board, 2018 that she be considered for admission forthwith against the vacant (Free payment) seat at Raj Mas Medical College, Bharatpur.
The petition stands disposed of accordingly. A copy of this order be handed over to Mr. SK Gupta, counsel for Admission / Counselling Board, 2018 for onward transmission and immediate compliance."
I have heard counsel for both the parties and perused the material available on record.
This Court finds that the instant petition cannot be allowed as the time schedule fixed by the MCI has to be followed as last (7 of 7) [CW-19655/2018] date of admission in any eventuality is 31.08.2018. The said date, as prescribed by MCI, cannot be extended by this Court to give admission to the petitioner.
This Court further finds that against initial claim of the petitioner for vacant seat at Jodhpur, this Court has taken a view in the case of Madhu Chauhan (supra) wherein on the anvil of cut off date prescribed by MCI, the admission has been denied to the candidate.
This Court finds that the petitioner had initially filed this petition against the vacant seat at Jaipur National Unversity, Jaipur but in changed circumstances due to availability of one seat at Dr. S.N. Medical College, Jodhpur, he has to amend his petition.
The submission of learned counsel for the petitioner that the coordinate Bench in the case of Neha Chauhan (supra) has allowed the petition and the petitioner in the instant case also deserves indulgence, this Court is not inclined to pass any order in the light of the order passed by the coordinate Bench in SBCWP No.18545/2018. The coordinate Bench in the said case allowed the petition on 27.08.2018 i.e. before the cut off date, as fixed by the MCI. The said judgment is of little assistance to the present petitioner.
Accordingly, the present writ petition has no force and the same is dismissed.
(ASHOK KUMAR GAUR),J A.Kumar/41 Powered by TCPDF (www.tcpdf.org)