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Both the petitions raise a common issue. They are therefore being decided by this order. The SBCWP No.12796/2016 is considered as the lead case for reference to the facts.

The petitioners, one belonging to scheduled caste (SC) and the other to the Other Backward Classes(OBC) appeared in the National Eligibility cum Entrance Test (NEET) (UG) 2016 (hereinafter `the (NEET) (UG) 2016') held by the Central Board of Secondary Education (CBSE) for admission into MBBS/ BDS Courses. Result thereof was declared on 16-8- 2016, in which the petitioners were successful. The State of Rajasthan issued NEET UG (Medical/ Dental) guidelines for counselling for the purpose of admission into Colleges within the state on 24-8-2016. The guidelines were uploaded on the website of the UG Admission Board NEET 2016 on 26-8- 2016. The guidelines provide for reporting to the allotted college within the time provided in the letter, allotting the College in the counselling. It was clearly provided that each candidate shall be given time as mentioned in the allotment letter issued on line to join the allotted college and course and there would be no provision for extension of the joining date under any circumstances. The allotment made was to be firm and final with no change of college/ course being permitted. Except that candidates could opt for second round and subsequent round of counselling for change of college/ course after joining in the first instance as per allotment initially made in the first round counselling. It was categorically stated that the candidates who did not join the allotted college following the first round of counselling would be ineligible to be considered for all subsequent rounds of counselling. This prohibition was also recorded in Hindi for the benefit of those, who were not fluent in the English language as under:-

The case of the petitioners is that since they belong to the weaker sections of the society they could not make, within three days of the allotment of College, arrangement for Rs.9,75,000/- by 8-9-2016 consequent to which they did not report for admission to the college allotted in the first counselling. Hence the condition in the guidelines/ instruction for counselling in the NEET (UG) 2016 that time, for admissions and by way of extension for deposit of fee and original documents in the College allotted in the first counselling would not be extended is arbitrary. It has been prayed that in the circumstances the condition set out in the Information Booklet pertaining to admission into MBBS/ BDS Course, under NEET 2016 rendering them ineligible in the second counselling (having failed to avail admission to college allotted in the first counselling) be also declared arbitrary and illegal. Alternatively the time for deposit of the requisite fee of tuition in the college allotted be extended by a period of two weeks, submitted counsel for the petitioners, such that the career of petitioners is not jeopardised.

Mr. S.K. Gupta, learned AAG and Mr. M.A. Khan appearing for the respondents-State and RUHS respectively have submitted that the guideline/instruction for counselling for NEET UG (Medical/ Dental Counselling, 2016 and the dates for commencement of the session for the first online counselling was notified on 24-8-2016. The guidelines/ instructions for counselling for NEET UG (Medical/ Dental Counselling, 2016 were uploaded on the State's website on 26-8-2016. In terms thereof the candidates were adequately notified to be ready for admission in the colleges as may be allotted to them as per merit and preference along with requisite tuition fee strictly and without exception, within time given for the purpose. Admissions in the first round counselling as per merit of the candidates have been completed. The petitioners were allotted the Mahatma Gandhi Medical College & Hospital, Sitapura Industrial Area Jaipur as per their merit and choice vide allotment letter 5-9-2016 and were to report to the said college upto 8-9-2016 (till 6.00 PM) along with requisite fee and original documents. They failed to do so and report to the college till end of working hours on 8-9-2016. It was submitted that, in the circumstances the petitioners failing to report to the allotted college for admission to MBBS they have to sadly suffer the inexorable consequences of both of loosing their seats and being ineligible for second and subsequent rounds of online counselling. There is no good ground to circumvent the conditions set out in the guidelines for admissions to MBBS/ BDS courses. Deviation from the concerned guidelines would be breach of law and disrupt the admission calendar of admission to MBBS/BDS formulated in compliance with judgment of the Apex Court in the case of Mridul Dhar Vs. Union of India [(2005)2 SCC 65]. It has been submitted that in fact classes in the MBBS/ BDS Course, 2016 classes have commenced from 13-9-2016. The mere fact that the second counselling is to be conducted between 23 and 24-9-2016 for vacant seats is of no consequence for ascertaining the rights of the petitioners beyond the guidelines/instruction of NEET (UG) Counselling 2016.

Consequently, I do not find any merit in the contention of counsel for the petitioners that the instructions and the guidelines for NEET UG (Medical/ Dental Counselling, 2016 per-emptorily providing that the candidates who do not join the college allotted in the first round of counselling will be ineligible to be considered for all subsequent rounds of counselling are arbitrary. Arbitrariness of a condition/ provision cannot be dependent upon personal discomfiture of petitioners for reason of their own making. They were adequately notified of the terms and conditions of Counselling and need for strict adherence thereto. Hundred of other candidates both general category not necessarily rich and SC/ OBC category not necessarily poor have being compliant with adhering to reporting to allotted colleges with the requisite fee as applicable and original certificates in proof of eligibility. The issue has to be considered in the context of the policy for admission to MBBS/BDS each year. Counselling and admissions to Medical Colleges is an issue which has engaged the attention of the Apex Court for over two decades warranting fixing of the academic calendar in Medical Education. The sanctity of calendar fixed for admissions into MBBS/ BDS amongst others is extremely important as it has a bearing upon the quality of Medical Education itself as also transparency. The respondents have a right to determine conditions for admission and procedure therefor. Nothing arbritrary can be attributed to the condition for admission to MBBS/BDS in the College allotted in online counselling as set out in the instruction/guidelines for NEET (UG) Counselling 2016.