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It was submitted that the petitioner is now desirous of participating in the second off-line counselling for the State quota seats being held on 23/24.09.2016, for which he is already registered and is entitled to be considered for admission to vacant seats in a college of his choice as per his merit and preference. It was submitted that however in terms of the notification dated 20.09.2016 under the hand of the Chairman, UG Admission Board NEET 2016, it has been mandated, contrary to the requirements set out in the instructions/guidelines for the UG-counselling 2016, that all candidates seeking participation in the second round off-line counselling should carry their original certificates of eligibility failing which they would not be allowed to participate nor considered for admission. Counsel submitted that the aforesaid requirement under the notification dated 20.09.2016 is a clear deviation from the instructions/guidelines first notified by the Chairman, UG Admission Board NEET 2016 and is wholly irrational and discriminatory against the petitioner. The aforesaid condition of the notification of 20.09.2016 will entail the petitioner being denid consideration for admission to a MBBS Course in the State quota seat despite his better his comparative merit, as the petitioner holds 1026th ranking in State wise merit list. Appropriate directions to be allowed participation in the second round off-line counselling for admission to MBBS/BDS 2016 have been sought in the circumstance, with an undertaking that requisite documents of eligibility will be furnished in the original within the prescribed time for admissions to the college allotted.

The petition has been opposed by the State as also by the Chairman, UG Admission Board NEET 2016 for admission to MBBS/BDS seats in the State quota. Mr. S.K. Gupta, AAG appearing for the State submitted that instructions contained in the information booklet issued by the Chairman, UG Admission Board NEET 2016 clearly provide that the selected candidate must carry all requisite certificates/documents in original along with self- attested copies of the same for verification at the time of reporting to the alloted college, failing which their admission would stand cancelled. The instructions further provide that the candidates without original certificates/documents would not be entitled to take admission at the alloted college under any circumstances. It has been submitted that the petitioner has already been admitted against the All India Quota seats at the College of Medicine & JNM Hospital Kalyani, West Bengal and has deposited his mark sheets and other documents of eligibility in original with the aforesaid college at the time of his admission--as was mandatorily required. It has been submitted that in terms of the notification dated 20.09.2016 now issued, it follows that unless those admitted to MBBS/BDS course under All India Quota seats resign from the seat to which they have been admitted and obtain the return of their original documents, they cannot be allowed to participate in the second round of counselling for the State Quota seats in the Medical/Dental Colleges in the State of Rajasthan. The only exception in this regard is to the candidates who have been admitted into a medical/dental college alloted through the Rajasthan State process, Mr. S.K. Gupta, has emphatically submitted that the matter at hand pertains to admission processes to medical/dental college and the guidelines therefore are sacrosanct as all admissions have to be finally completed by 30th September of each year as has been directed by the Apex Court. Mr. S.K. Gupta, further submitted that the petitioner cannot be allowed to be in a situation where he can have admission on two seats at a given point of time, one against the All India Quota at the College of Medicine & JNM Hospital Kalyani, West Bengal and other through the second off-line counselling in which he seeks now to participate without resigning from the said seat. It was submitted that a wholistic construction of the conditions for the counselling for the seats in the All India Quota and the seats under the State quota and their chronology indicates that before participating in the subsequent counselling for MBBS/BDS seat in the State quota, a candidate who has been admitted to a All India Quota seat, has to resign, take back his original documents from the college to which he was earlier admitted and present them at the time of counselling for allotment of a State quota seat. It was submitted that if the petitioner despite his admission to an All India Quota seat is allowed to participate in the counselling for a seat in MBBS/BDS in the State Quota, it has the potential of having an invidious effect of leading to wastage of a valuable seat in MBBS/BDS course, either in the All India Quota or the State Quota affecting the prospects of other eligible aspirants. It was submitted that in the event, the petitioner were not to join on seat--MBBS/BDS--alloted to him in the State quota in the second round of counselling and deposit the requisite original documents and applicable fee, on or before 26.09.2016 the seat allotted is likely to be wasted in view of the fact that the Apex Court in the case of Priya Gupta versus State of Chhatishgarh (2012) 7 SCC 433 has prohibited third counselling.

Heard. Considered.

Rights conferred in law are sacrosanct. Once conferred, the right cannot be taken away unless specifically provided for--also by law which cannot unless made in the exercise of plenary power be retrospective. Instructions in the information booklet uploaded on the concerned websites and as issued by the office of the Chairman, UG Admission Board NEET 2016 for registration for counselling for admission to MBBS/BDS Courses 2016 interalia provided for the documents required to be submitted at the time of joining/reporting. There was no specific provision therein with regard to the documents being required to be submitted at the time of counselling, whether the first counselling on- line and the second counselling off-line. The documents required only at the time of joining/reporting/admissions under the instructions issued governing counselling cannot be contrarily required, as by of the belated notification dated 20.09.2016 by the Chairman, UG Admission Board 2016 to be submitted at the time of counselling. For participation in counselling by those who were registered by 01.09.2016, Token Number issued by the e-Mitra/CSC Kiosk, NEET 2016 Score Card and attested copies of mark sheets of senior secondary and secondary examination as also certificate of the college where the candidate has been admitted under the All India Quota seat to a MBBS/BDS Course recording custody of the originals should suffice. It is not for this Court to consider the ramifications, administrative or otherwise of the candidates being allowed to participate in second off-line counselling without the original documents. It was for the State and the Chairman of the UG Admission Board NEET 2016 to so consider at the time of the notification of the instructions contained in the information booklet issued for counselling for admissions into various Medical/Dental colleges under the State quota following the NEET (UG) 2016. The said instructions clearly provide that only subsequent to allotment of colleges at the counselling, first or second as may be, the selected candidate must carry all requisite documents in original alongwith self-attested copies of the same for verification: "at the time of reporting at the alloted college." To now require the candidates eligible to participate at the second round off-line counselling to submit the original documents/certificates at the time of counselling is a deviation from the aforesaid instructions contained in the information booklet issued by the office of the Chairman, UG Admission Board NEET 2016. Ineligibility of candidates other wise entitled to participate in the second round off-line counselling for admission to Medical/Dental College against the State Quota cannot be thrust on them in this round

It is indeed not impossible to visualize the situation as submitted by Mr. S.K. Gupta and Mr. M.A. Khan where a candidate alloted a college in the second round off-line counselling may not join. That to my mind is however a situation which is redeemable by providing for a waiting list such that in the event of the candidate alloted a college not joining it by the prescribed date on the following requisite prescribed conditions, the vacant seat can be offered in the order of merit to those in the waiting list--albeit only before 30.09.2016. Such a methodology would not be in the cross hairs of the judgment of the Apex Court in the case of Priya Gupta (supra) which has been relied upon by the counsel appearing for the State as also for the Chairman, UG Admission Board NEET 2016. It is however made clear that participation in the second round off-line counselling would be by the candidates in person and not through an agent/power of attorney. Aside of the token number of the receipt issued by the e-Mitra/CSC Kiosk and the NEET 2016 Score Card, the candidate would also be required to submit attested photocopies of the original documents relevant and required at the time of admission and as detailed in the instructions contained in the information booklet issued by the office of the Chairman, UG Admission Board NEET 2016 besides a certificate from the College where the candidate has been admitted against the All India Quota seat stating that the said original certificates are in the custody of the College. It is also made clear that in the event of any of the students alloted a college in the second round off- line counselling, failing to submit the original documents on or before 26.09.2016 the date notified by the Chairman, UG Admission Board NEET 2016, for the purpose their admission would stand cancelled and the candidates in the waiting list would be in order of their respective inter--merit therein, be entitled to be admitted to the concerned college.