Krishna Kumar S/O Shri Bhera Ram vs State Of Rajasthan
2022 Latest Caselaw 2461 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4713/2022

Krishna Kumar S/o Shri Bhera Ram, Aged About 18 Years 06
Months Resident Of Village Jalampura, Post Jeevana, District
Jalore (Rajasthan)
                                                                       ----Petitioner
                                       Versus
1.      State of Rajasthan, Through The Principal Secretary,
        Medical Education, Government Secretariat, Jaipur
2.      The    Chairman,           NEET       UG      Counseling       Board-2021,
        Government Dental College, Jaipur.
3.      The Principal, Government Medical College, Kota.
4.      National Medical Commission, Through Its Secretary,
        Pocket-14, Sector-8, Dwarka, Phase-I, New Delhi.
                                                                    ----Respondents

For Petitioner(s) : Mr.Tanveer Ahamad, Adv. (Through VC) For Respondent(s) : Mr.Harshal Tholia, Adv. for Dr.V.B.Sharma, AAG Mr.Angad Mirdha, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

22/03/2022

Copy of the petition has been supplied to the learned counsel

Mr.Harshal Tholia, appearing on behalf of the respondent Nos.1 to

3 and also to learned counsel Mr.Angad Mirdha, appearing on

behalf of the respondent No.4.

Learned counsel for the respondents wants time to file reply

to the writ petition.

(2 of 3) [CW-4713/2022]

Learned counsel for the petitioner submitted that the

petitioner after participating in NEET UG Counselling, was allotted

seat at Government Medical College, Pali in Round-I.

Learned counsel submitted that the petitioner later on

participated in Round-II counselling and the petitioner was

upgraded to Government Medical College, Kota.

Learned counsel submitted that the petitioner after allotment

of College, reported at the Government Medical College, Kota,

however, the Principal and Controller, by the impugned order

dated 15.03.2022, has not allowed the petitioner to join against

the allotted seat on the ground that he had passed Biology only in

12th Class and the petitioner did not have Biology as one of the

subjects in 11th Class.

Learned counsel submitted that the similar controversy has

been decided by this Court in the case of Sourabh Kumar

Jeengar Vs. State of Rajasthan & Ors. (S.B.Civil Writ

Petition No.15014/2020) decided on 09.03.2021.

Learned counsel for the respondents submits that the

petitioner lacks basic educational qualification to get admission in

MBBS Course, as he had not pursued Biology subject for two years

i.e. in 11th and 12th Class and only by having Biology as a

compulsory subject in 12th Class, the same would not cloth him

with eligibility of having education qualification.

Learned counsel for the respondents further submitted that

the issue in the case of Sourabh Kumar Jeengar Vs. State of

Rajasthan & Ors. (supra) was with regard to passing the

additional subject of Biology and as such the issue which is raised

in the present writ petition is not covered by the decision given by

(3 of 3) [CW-4713/2022]

this Court in the case of Sourabh Kumar Jeengar Vs. State of

Rajasthan & Ors. (supra).

Learned counsel for the petitioner has placed reliance on the

judgment passed by the Apex Court in the case of Kaloji

Narayana Rao University of Health Sciences Vs. Srikeerti

Reddi Pingle and Ors. in Civil Appeal No.390/2021 reported

in 2021 SCC Online SC 94.

The matter requires consideration.

As an interim measure, till the next date, admission of the

petitioner in Government Medical College, Kota will not be

cancelled.

List the matter on 28.03.2022.

(ASHOK KUMAR GAUR),J

Monika/95

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