Rajasthan High Court - Jodhpur
Narender Pal Choudhary vs State Of Rajasthan ... on 16 October, 2023
Bench: Augustine George Masih, Vinit Kumar Mathur
[2023:RJ-JD:35161-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1093/2022
Narender Pal Choudhary S/o Ganga Singh, Aged About 23 Years,
R/o Hempura, Post Birloka, Khinwsar, Nagaur
----Appellant
Versus
1. State Of Rajasthan, Through Secretary, Department Of
Medical And Health, Secretariat, Government Of
Rajasthan, Jaipur.
2. Chairman, Neet-Ug Medical And Dental
Admission/counselling Board 2021 And Government
Dental College (Ruhs) College Of Dental Science, Subhash
Nagar, Jaipur.
3. Government Medical College, Pali, Through Its Principle,
Pali.
4. Medical Council Committee (MCC), DJHS, Ministry Of
Health And Family Welfare, Government Of India,
Secretariat, New Delhi.
5. Government Medical College, Barmer, National Highway
15, Jaisalmer Road, Barmer, Rajasthan.
----Respondents
For Appellant(s) : Mr. Hemant Ballani
For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE AUGUSTINE GEORGE MASIH
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
16/10/2023
Oral:
1. Challenge in this appeal is to the judgment passed by the
learned single Judge dated 21.09.2022, whereby the writ petition
preferred by the petitioner, claiming the grant of Government seat
in Government Medical College, Barmer instead of Government
[2023:RJ-JD:35161-DB] (2 of 3) [SAW-1093/2022]
Medical College, Pali where he has been allotted a private seat,
stands dismissed.
2. It is the contention of the learned counsel for the appellant
that initially he was allotted private seat in the Government
Medical College, Pali in the second round of counselling.
Subsequently, in the mop-up round he was allotted Government
Seat in the Government Medical College, Barmer. He intended to
shift to the said Government seat but the same was not permitted
as he could not get the documents returned from the Government
Medical College, Pali where he had already taken admission and
was studying. Learned counsel contends that non-return of the
documents, which led to his losing Government seat allotted in the
Government Medical College, Barmer, is not in accordance with
law. He, therefore, prays that the judgment of the learned Single
Judge is unsustainable and deserves to be set aside and the
petitioner be granted the benefit and prayer as made in the writ
petition.
3. We have considered the submissions made by the learned
counsel for the appellant, but are unable to accept the same.
4. Paras 7 and 8 of the notification dated 22.03.2022, which
has been issued with regard to the NEET UG (Medical/Dental)
Counseling 2021 (MBBS, BDS) (Mop-up, off-line) (State of
Rajasthan), clearly lay down and suggest that a candidate, who
had already joined a seat allotted in any Government Medical
College through State counselling and through other State
counselling including All India counselling, is not eligible to
participate in the mop up round of counselling. If that be so, the
appellant having already taken admission in Government Medical
[2023:RJ-JD:35161-DB] (3 of 3) [SAW-1093/2022]
College, Pali against the private seat, was not even eligible to
participate in the mop up round of counselling and therefore, even
if he was allotted the Government seat in the Government Medical
College, Barmer in the mop up round of counselling, the same was
contrary to the notification, as referred to above, which is binding.
5. The judgment passed by the learned Single Judge, therefore,
being in accordance with law, does not call for any interference.
Otherwise also, the appellant by now has completed two years of
study and is continuing his study in the third year in the
Government Medical College, Pali against the private seat.
6. Therefore, the appeal being devoid of merit stands
dismissed.
(VINIT KUMAR MATHUR),J (AUGUSTINE GEORGE MASIH),CJ
6-MohitTak/-
Powered by TCPDF (www.tcpdf.org)
