Rajasthan High Court
Dr. Shuchi Mathur W/O Dr. Apar ... vs The Union Of India on 22 June, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8928/2022
Dr. Shuchi Mathur W/o Dr. Apar Mathur
----Petitioner
Versus
The Union Of India & Ors.
----Respondents
For Petitioner(s) : Mr. Mahendra Shah, Sr. Adv. with
Ms. Sarah Sharma, Adv.
Mr. Harendra Neil, Adv.
For Respondent(s) : Mr. Ashish Kumar, Adv. for
Mr. R. D. Rastogi, ASG
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND ( V.J.)
Order
22/06/2022
Matter comes up on the stay application.
Learned counsel for the petitioner submits that the petitioner
has participated in National Eligibility Entrance Test Super
Specialty, 2021 and she applied for super specialty course in
Cardiac Anesthesia and Critical Care Medicine. Learned counsel
submits that out of 400 marks, the petitioner secured 256 marks
and on the basis of her merit, she was given admission in Cardiac
Anesthesia. Learned counsel submits that so far as Super
Specialty course regarding her admission in Critical Care Medicine
is concerned, initially, the petitioner secured 191 marks out of 400
marks and at the relevant time cut-off marks for this subject i.e.
Critical Care Medicine is 193, hence, petitioner was not eligible to
get admission in the said Super Specialty course i.e. Critical Care
Medicine. Learned counsel submits that subsequently when the
students were not available with the respondents, a revised
(2 of 4) [CW-8928/2022]
qualifying criteria was issued on 16.06.2022 and cut-off marks for
admission in Critical Care Medicine were reduced from 193 to 179
marks. He further submits that now the petitioner has become
eligible to get admission in Critical Care Medicine on the basis of
her marks i.e. 191 while cut-off marks in getting admission in the
subject is 179 only. Counsel submits that vide order dated
17.06.2022, respondents have treated the petitioner as ineligible
by saying that any candidate who had joined the seat in the
earlier round of AIQ or counseling conducted by State of
Tamilnadu (in-service seats), shall not be eligible for participating
in the Special Mop-Up Round. Learned counsel submits that this
condition is under challenge in this petition because this condition
is violating the fundamental rights of the petitioner contained
under Article 14 of the Constitution of India as less meritorious
candidates are given admission while the petitioner secured more
marks i.e. 191. Lastly, learned counsel submits that in the
peculiar circumstances interim order may kindly be passed
directing the respondents to allow the petitioner in Special Mop-Up
Round counseling for Super Specialty Course of Critical Care
Medicine in pursuance to National Eligibility Entrance Test Super
Specialty, 2021.
Per contra, learned counsel for the respondents opposed
arguments raised by learned counsel for the petitioner and
submits that in view of Clause-B of the impugned notice dated
17.06.2022, the petitioner is not eligible to participate in the Mop-
Up Round counseling as she has already been given admission in
Cardiac Anesthesia. Learned counsel further submits that the
petitioner is not eligible to participate in Mop-Up Round Counseling
in view of the judgment of Hon'ble Supreme Court in the case of
(3 of 4) [CW-8928/2022]
Dar-Us-Slam Educational Trust and Ors. Vs. Medical Council of
India and Ors. in Civil Writ Petition No. 267/2017, he has brought
attention of this court in para No.s 3 and 4 of the judgment of
Dar-Us-Slam Educational Trust and Ors (supra), which reads
thus:-
"3. As per the judgment of this Hon'ble Court in the
case of Ashish Ranjan Vs. Union of India & Ors.
[(2016) 11 SCC 225], conducted by the DGHS/State
Government or authority designated by the State
Government for All India Quota (including Deemed
University) and State Quota seats respectively.
4. After the second round of conselling for All India
Quota seats, the students who take admission in All
India Quota seats should not be allowed/permitted to
vacate the seats. This would ensure that very few
seats are reverted to the State Quota and also All
India Quota seats are filed by students from the all
India merit list only. The students who take admission
and secure admission in Deemed Universities
pursuant to the second round of counselling
conducted by the DGHS shall not be eligible to
participate in any other counselling."
Learned counsel submits that since admission has already
been given to the petitioner in Cardiac Anesthesia and there is no
provision of submitting any resignation, hence, petitioner is not
eligible to participate in the Mop-Up Round counseling.
Heard and considered the arguments of both the sides.
It is a peculiar case where petitioner has been deprived to
get admission in Critical Care Medicine inspite of securing much
higher marks than the cut-off marks. The cut-off marks in getting
admission in Critical Care Medicine is 179 only while the petitioner
has secured 191 marks. For no fault of the petitioner, she has
been deprived to participate in Mop-Up Round Counseling. Thus,
the matter requires consideration.
(4 of 4) [CW-8928/2022]
The respondents are directed to allow the petitioner in mop-
up round counseling for her admission in the subject Critical Care
Medicine on provisional basis.
Learned counsel for the petitioner submits that the last date
of time for participation in the mop-up round counseling is
22.06.2022 at 12.00 PM and now the order has been passed at
12.00 PM so under these circumstances, petitioner be permitted to
submit her option/application for her participation in Mop-Up
Round Counseling through offline process.
In view of submissions made, the petitioner is allowed to do
so and the respondents are directed to permit the petitioner on
offline basis.
Interim order passed by this Court today, shall be subject to
final outcome of this petition, petitioner would not claim any
equity on the basis of the interim order passed by this Court.
(ANOOP KUMAR DHAND), V.J.
Pooja /93
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