Rajasthan High Court - Jaipur
Abhishek Mishra S/O Shri Sita Ram Mishra vs State Of Rajasthan (2024:Rj-Jp:50672) on 10 December, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:50672]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19118/2023
Abhishek Mishra S/o Shri Sita Ram Mishra, Aged About 37 Years,
R/o He-327, Sugreev Marg, Hanuman Nagar Ext., Khatipura,
Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Medical Education Department, Government Secretariat,
Jaipur.
2. Neet Pg Admission/ Counseling Board-2023, Through Its
Chairman Having Its Office At Ruhs College Of Dental
Sciences, Government Dental College, Jaipur.
3. Pandit Deendayal Upadhyay Medical College, Churu
Through Its Principal And Controller, Affiliated Hospital
Government Db General District Hospital, Churu.
----Respondents
For Petitioner(s) : Mr. Tanveer Ahmed
For Respondent(s) : Mr. Vigyan Shah, AAG with
Mr. Yash Joshi
HON'BLE MR. JUSTICE SAMEER JAIN
Order
10/12/2024
Learned counsel for the petitioner has submitted that the instant petition is filed evoking writ jurisdiction of this Court under Article 226 of the Constitution of India. It is further submitted that the petitioner was allocated a seat under the medical course of pulmonary medicine by the NEET PG Admission/Counseling Board, 2023 wherein, after depositing the requisite fees, the petitioner joined the said course from 01.11.2023.
Further, it is submitted that an application dated 16.11.2023 along with a demand draft amounting to approximately Rs. five (Downloaded on 12/12/2024 at 10:25:44 PM) [2024:RJ-JP:50672] (2 of 2) [CW-19118/2023] Lacs (5,00,000/-) was submitted by the petitioner before the respondents to withdrew from the said allocated seat and to return his original documents. Subsequently, the said bond amounting to Rs. five Lacs (5,00,000/-) was forfeited, original documents were returned and the petitioner had withdrawn from the said seat of pulmonary medicine on account of his personal reasons, unwillingness or any other reasons.
Howsoever while placing reliance on prayer no. 2 of the petition, it is prayed that the respondents be directed to utilize the vacant seat of the petitioner under a special stray round counseling which is to be scheduled from 25.11.2023 tentatively.
Per contra, learned counsel for the State while placing reliance upon application made by the petitioner (Annexure- R/2) submitted that although the demand draft was prepared on 16.11.2023, but the application to deposit the said demand draft was made before the respondents on 30.11.2023, thereafter the bond of the petitioner was forfeited and his original documents were duly returned.
Considering the peculiar set of facts & circumstances involved in the instant matter, this Court directs the respondents to consider the claim of the petitioner and carry out the further process, if feasible and in accordance with law.
Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J ` ANIL SHARMA /257 (Downloaded on 12/12/2024 at 10:25:44 PM) Powered by TCPDF (www.tcpdf.org)