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Rajasthan High Court - Jaipur

Monik Kumawat S/O Shri Sujit Kumar ... vs State Of Rajasthan (2025:Rj-Jp:8520) on 25 February, 2025

Author: Sameer Jain

Bench: Sameer Jain

[2025:RJ-JP:8520]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                    S.B. Civil Writ Petition No. 18898/2024

Monik Kumawat S/o Shri Sujit Kumar Kumawat, Aged About 20
Years, R/o 27A, Shriram Colony, Opp. Khetan Hospital, Dehar Ke
Balaji, Jaipur (Raj).
                                                                         ----Petitioner
                                         Versus
1.       State       of    Rajasthan,          through         Principal    Secretary,
         Department           of    Medical        Education,         Government    of
         Rajasthan, Secretariat, Jaipur.
2.       The Director (Public Health), Medical And Health Services,
         Swasthya Bhawan, Jaipur.
3.       National Eligibility Entrance Test (NEET), National Testing
         Agency (NTA), Ministry of Education, Department of
         Higher Education, through its Director, First Floor, NSIC-
         MDBP Building, Okhla Industrial Estate, New Delhi, Delhi-
         110020
4.       NEET UG Conseling-2024, through its Chairman, Neet UG
         Medical And Dental Admission/Counseling Board-2024
         SMS Medical College, JLN Marg, Jaipur.
5.       Principal, Government Medical College, Dholpur (Raj).
                                                                      ----Respondents
For Petitioner(s)               :    Mr. Lalit Gautam
For Respondent(s)               :    Mr. Yash Joshi for
                                     Mr. Vigyan Shah, AAG
                                     Mr. M.S. Raghav with
                                     Mr. Vishwas Saini
                                     Mr. Sandeep Pathak with
                                     Mr. Arnav Singh



                 HON'BLE MR. JUSTICE SAMEER JAIN

                                      Judgment

25/02/2025

1. Learned counsel for the petitioner submits that the petitioner has submitted its online application for NEET-UG (Medical/Dental) (Downloaded on 22/03/2025 at 12:53:38 AM) [2025:RJ-JP:8520] (2 of 4) [CW-18898/2024] Counseling-2024 (MBBS, BDS) however, due to an inadvertent error, in the column of 'name of father', the petitioner mentioned his own name as "Monik Kumawat" instead of his father name as "Sujit Kumar Kumawat"; this bonafide mistake came in knowledge of the petitioner when he received the Permission Letter for appearing in the said examination.

2. It is further submitted that when the petitioner did not receive any redressal from the respondents, including the respondent-Director General of Health Services, he was bound to knock the doors of this Court. Thence, the present petition is filed with the following prayers:

"It is, therefore, most humbly prayed that this Hon'ble Court may kindly be pleased to call for the entire record, relating to the case and after perusing the same may be pleased to accept and allow this writ petition.
i) by issuance of an appropriate writ order of direction in the nature thereof thereby direct the respondents to correct the name of the father of the petitioner in his online application form and further consequential record/documents as "Sujit Kumar Kumawat" instead of "Monik Kumawat" and allow him to pursue his MBBS in the Government Medical College, Dholpur as per Provisional Allotment Letter dated 30.10.2024.
ii) Any other appropriate relief, which is deemed just and proper in above mentioned facts and circumstances, may also be granted to the petitioner alongwith the cost."

3. Learned counsel for the respondents are unable to oppose the contentions that the mistake/error in question was on account of bonafide mistake, however, counsel for respondent-NTA has submitted that vide Annexure-13, the respondents have already informed the candidate/petitioner that the respondent-NTA has already handed over the entire records to the Office of Director (Downloaded on 22/03/2025 at 12:53:38 AM) [2025:RJ-JP:8520] (3 of 4) [CW-18898/2024] General of Health Sciences and cannot carry out any corrections, at this juncture.

4. Learned counsel Mr. Sandeep Pathak, Adv. appearing for Director General of Health Sciences has submitted that if representation is filed within a period of seven days, from the date of passing of this order, the respondents will carry out the due corrections and initiate the requisite correspondence with the respondent-NTA.

5. Heard and considered.

6. Considering the foregoing facts and circumstances of the instant matter, taking note of the submissions made insofar, and the fact that the petitioner due to a bonafide mistake has mistakenly interchanged the credentials of name of the father and the candidate himself, this Court directs the respondent-Director General of Health Services to carry out the due corrections at their end and also directs National Testing Agency to consider the same, by appropriate process and mode of operation, permitting the petitioner/candidate to appear in the said examination and consequential selection process, subject to the representation being filed by the petitioner, within an upper limit of seven days from the date of receipt of this order.

7. However, on account of the fact that the petitioner has approached this Court at a belated juncture and has caused inconvenience to the respondents, this Court directs the petitioner to deposit an amount of Rs. 5,000/- (Rupees Five Thousand Only) with the Director (Public Health), Medical And Health Services, Swasthya Bhawan, Jaipur and National Eligibility Entrance Test (Downloaded on 22/03/2025 at 12:53:38 AM) [2025:RJ-JP:8520] (4 of 4) [CW-18898/2024] (NEET), National Testing Agency (NTA), Ministry of Education, Department of Higher Education, through its Director, First Floor, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi separately/respectively.

8. Accordingly, the instant petition stands disposed of. Pending application(s), if any, also stand disposed of.

(SAMEER JAIN),J GARIMA /740 (Downloaded on 22/03/2025 at 12:53:38 AM) Powered by TCPDF (www.tcpdf.org)