Dr. Priyanka vs State Of Rajasthan (2024:Rj-Jd:43537)
2024 Latest Caselaw 9440 Raj

Rajasthan High Court - Jodhpur

Dr. Priyanka vs State Of Rajasthan (2024:Rj-Jd:43537) on 23 October, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:43537]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 17484/2024

Dr. Priyanka D/o Shri Kishan Lal, Aged About 25 Years, Resident
Of Ward Shivnathpura, Tehsil And District Sanchore.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Department Of Medical And Health, Government Of
         Rajasthan, Jaipur.
2.       Principal Secretary, Department Of Medical Education,
         Govt. Of Rajasthan, Jaipur.
3.       Director (Public Health), Department Of Medical And
         Health      Services,     Swasthya          Bhawan,        Tilak   Marg,   C-
         Scheme, Jaipur.
4.       The Chairman, Neet Pg Counselling Board - 2024 And
         Principal, Sms Medical College, Jln Marg, Jaipur.
5.       Union Of India, Through The Secretary, Ministry Of Health
         And Family Welfare, Nirman Bhawan, New Delhi.
6.       National Board Of Examinations In Medical Sciences
         Medical Enclave, Ansari Nagar, Mahatma Gandhi Marg
         (Ring Road) New Delhi - 110029
7.       Chief Medical And Health Officer, Sanchore, District Jalore.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Hapu Ram
For Respondent(s)            :     Mr. N.S. Rajpurohit, AAG assisted by
                                   Ms. Anita Rajpurohit and
                                   Mr. Sher Singh



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

23/10/2024

Heard learned counsel for the parties.

Learned counsel for the parties are in agreement that the

controversy involved in the present case is squarely covered by a

[2024:RJ-JD:43537] (2 of 2) [CW-17484/2024]

judgment rendered by Division Bench of this Court in D.B.

Special Appeal Writ No.679/2023 (Dr. Bhanwari Choudhary

& Ors. V/s Chairman, Neet Pg Admission/Counseling

Board-23 & Ors. decided on 23.08.2023. However, learned

counsel for the petitioner submits that in the judgment rendered

by Division Bench of this court in the Case of Dr. Bhanwari

Choudhary & Ors., the Constitutional Bench judgment rendered by

Hon'ble Supreme court in the case of Tamil Nadu Medical

Officers Association & Ors. V/s Union of India & Ors.

reported in (2021) 6 Supreme Court Cases 568 which is

holding the field in the present case was not considered.

Having considered the submissions made at the bar, this

court is of the view that the judgment rendered by Division Bench

of this court in the Case of Dr. Bhanwari Choudhary & Ors. (supra)

which is on the same subject has taken note of the controversy at

hand and therefore, this court is bound by the judgment passed

by Division Bench of this court. Even if the Division Bench

judgment is contrary to the judgment passed by the Constitutional

Bench of Hon'ble Supreme Court then the same is required to be

considered by the Division Bench only.

In view of the discussion made above, the writ petition filed

by the petitioner is dismissed being devoid of any force.

(VINIT KUMAR MATHUR),J 466-AnilSingh/-

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