Rajasthan High Court
Dr. Salman Khan Son Of Shree Jamaluddin ... vs State Of Rajasthan (2024:Rj-Jp:33158) on 5 August, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:33158]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10523/2024
1. Dr. Salman Khan Son Of Shree Jamaluddin Khan, Aged
About 30 Years, Resident Of Village Parla, Post Hingota,
Bharatpur (Raj.).
2. Dr. Jaypal Singh Rathore Son Of Shree Mool Singh
Rathore, Aged About 33 Years, Resident Of Staff
Quarters, CHC Nimaj, Beawar (Raj.).
3. Dr. Chimna Ram Son Of Shree Narayan Lal, Aged About
30 Years, Resident Of Choyalo Ka Nimbadiya, Bilara,
Jodhpur (Raj.).
4. Dr. Kanchan Jahajia Daughter Of Mukesh Kumar, Aged
About 29 Years, Resident Of Bhondu Ka Poora, Ward No.
1, Hindaun, Karauli- 322230 (Raj.).
5. Dr. Mallesh Chaudhary Son Of Shree Dharmaram, Aged
About 31 Years, Resident Of Village Bamniyala, Post
Dantina, Tehsil Khimsar, District Nagaur (Raj.).
6. Dr. Gourav Kumar Jain Son Of Shree Niranjan Jain, Aged
About 29 Years, Resident Of Ward Number 02, Udaipur
Road, Near T.V.S. Show Room, Paloda, Banswara 327605
(Raj.).
7. Dr. Harshit Rawat Son Of Shree Dalsingh Rawat, Aged
About 29 Years, Resident Of Ghata, Sabalpura, Banswara,
(Raj.).
8. Dr. Gyandeep Son Of Shree Pawan Kumar, Aged About 30
Years, Resident Of VPO Bhangadh Hanumangarh (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Medical Education Department, Government Secretariat,
Jaipur (Raj.)
2. The Principal Secretary, Medical And Health Department,
Government Secretariat, Jaipur
3. The Director (Public Health), Medical And Health Services,
Swasthya Bhawan, Tilak Marg, C- Scheme, Jaipur
4. The Chairman, PG Medical And Dental Counseling Board-
2022-2023, Government Dental College, Jaipur / RUHS
Dental College, Jaipur
(Downloaded on 16/08/2024 at 10:14:23 PM)
[2024:RJ-JP:33158] (2 of 4) [CW-10523/2024]
5. National Medical Commission, Through It's Secretary,
Pocket-14, Sector-8, Dwarka, Phase-I, New Delhi
6. Chief Medical And Health Officer, Khaithal-Tijara (Raj.).
7. Chief Medical And Health Officer, Beawar (Raj.).
8. Chief Medical And Health Officer, Nagaur (Raj.).
9. Chief Medical And Health Officer, Banswara (Raj.).
10. Chief Medical And Health Officer, Hanumangarh (Raj.).
----Respondents
For Petitioner(s) : Mr. Iliyas Khan
For Respondent(s) : Mr. Vigyan Shah, AAG
HON'BLE MR. JUSTICE SAMEER JAIN
Order
05/08/2024
Learned counsel for the petitioners has submitted that the
petitioners are Medical officers who completed their MBBS degree
and thereafter got themselves registered with the Rajasthan
Medical Council. It is submitted that the petitioners are presently
in service with the State Government, and have applied for the
NEET PG 2024 Examination under the in-service category.
Learned counsel for the petitioners has submitted that the
petitioners have rendered service for 2-3 years in
rural/desert/hilly areas, and are therefore entitled to receive 20%-
30% bonus marks. It is submitted that the NEET-PG 2024
examination was scheduled to be conducted on 23.06.2024 with
the results thereof to be declared on 15.07.2024; however, the
said timeline has been extended.
Learned counsel for the petitioners has submitted that for
the candidates/applicants who are pursuing their internships to
[2024:RJ-JP:33158] (3 of 4) [CW-10523/2024]
fulfill the eligibility requirements for the NEET PG 2024
Examination, the cut-off date has been fixed at 15.08.2024. It is
submitted that as per Annexure 4, the cut-off date which has been
fixed for the grant of bonus marks is 30.04.2024, which is
discriminatory. In light of the foregoing submissions, learned
counsel for the petitioners has submitted that though the
petitioners will complete a period of over one year before meeting
the eligibility requirements, the petitioners will only be awarded
limited marks in the form of bonus marks. It is submitted that the
same is discriminatory and arbitrary.
Per contra, refuting the contentions as aforementioned,
learned AAG, Shri Vigyan Shah has relied upon the judgment of
the Division Bench of this Court in D.B. Special Appeal Writ No.
201/2022 titled as Dr. Neha Choudhary vs. State of
Rajasthan & Ors. It is submitted that vide the said judgment,
the Division Bench of this Court held that the determination of the
cut-off date is the prerogative of the State, and no judicial review
or interference in policy decisions on this aspect is permissible.
Further, it is submitted that extensions in timeline were
implemented for certain periods in the past in exceptional
circumstances, on account of the COVID-19 pandemic.
Learned AAG has submitted that the MBBS students who are
pursuing their internships, and in-service candidates, are two
incomparable groups. It is submitted that a comparison between
these different categories cannot be made. Further, it is submitted
that there is no arbitrariness or mala fides underlying the State's
policy decision.
Heard and considered.
[2024:RJ-JP:33158] (4 of 4) [CW-10523/2024]
In the foregoing facts and circumstances, the following facts
have been admitted:-
(i) The petitioners are covered within the category of 'in-service
candidate'.
(ii) The cut-off date for the award of bonus marks is 30.04.2024.
(iii) The cut-off date of 15.08.2024 applies to the students who
are pursuing their MBBS degree and their respective internships,
and who constitute a different category as compared to in-service
candidates.
On consideration of the submissions advanced by both sides,
this Court considers it impermissible to compare in-service
candidates with the students who are pursuing their MBBS course
and their respective internships. Further, this Court has found no
arbitrariness in the stipulation of different cut-off dates for the
award of bonus marks and for the consideration of eligibility.
Therefore, considering the judgment of the Division Bench of this
Court in Dr. Neha Choudhary (supra), this Court is not inclined
to interfere in the present case.
Accordingly, the instant petition is dismissed. Pending
applications, if any, stand disposed of.
(SAMEER JAIN),J
DEEPAK/6
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