Rajasthan High Court
Dr. Vinay Kumar Meena Son Of Shree Ashok ... vs State Of Rajasthan (2024:Rj-Jp:33191) on 5 August, 2024
Author: Sameer Jain
Bench: Sameer Jain
[2024:RJ-JP:33191]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12454/2024
1. Dr. Vinay Kumar Meena Son Of Shree Ashok Kumar
Meena, Aged About 27 Years, Resident Of Badi Ka Kheda,
Dak Beli, Bagru, Jaipur-303007 (Raj.).
2. Dr. Gajanand Yadav Son Of Shree Ram Dayal Yadav, Aged
About 26 Years, Resident Of Kanarpura, Jaipur-303801
(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 (Raj.).
3. The Director (Public Health), Medical And Health Services,
Swasthya Bhawan, Tilak Marg, C-Scheme, Jaipur (Raj.).
4. The Chairman, Pg Medical And Dental Counseling Board-
2022-2023, Government Dental College, Jaipur / Ruhs
Dental College, Jaipur (Raj.).
5. National Medical Commission, Through Its Secretary,
Pocket-14, Sector-8, Dwarka, Phase-I, New Delhi.
6. Chief Medical And Health Officer, Dudu (Raj.).
7. Chief Medical And Health Officer, Jaipur-II (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
[2024:RJ-JP:33191] (2 of 4) [CW-12454/2024]
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
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,
[2024:RJ-JP:33191] (3 of 4) [CW-12454/2024]
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.
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
[2024:RJ-JP:33191] (4 of 4) [CW-12454/2024]
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/7
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