Allowed

Dr Rajeev Rajan v. the State of Jharkhand

Jharkhand HC10 Jan 2023WPC/5634/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Jharkhand extended the counseling deadline for a qualified MBBS doctor who could not complete admission due to the State Government's delay in issuing a No Objection Certificate. The court directed the Joint Entrance Board to extend the date till January 16, 2023, and RIMS to admit the petitioner once documents are verified.

What did the court decide?

Extension of counseling date till January 16, 2023; direction to appear by January 12, 2023 for admission.

Dr Rajeev Rajan Vs the State of Jharkhand — Education and Admissions | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 5634 of 2022

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Dr. Rajeev Rajan son of Sri Nageshwar Sahu, resident of Village and PO Barkipunnu, PS and District Bokaro.

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… Petitioner

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-versus-

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The State of Jharkhand.

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Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand, Nepal House, Doranda, Ranchi.

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Rajendra Institute of Medical Sciences, Ranchi, through its Director, Bariatu, Ranchi.

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4. Jharkhand Combined Entrance Competitive Examination Board, Ranchi, through its Controller of Examination, having Office at Science & Technology Campus, Sikho Toli, PO PS Namkum, Ranchi.

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… Respondents

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CORAM : HON’BLE MR. JUSTICE ANANDA SEN

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For the Petitioners : Mr. Amit Kumar Sinha, Advocate For the Respondents : Mr. Gaurang Jajodia, AC to GP II Mr. Sreenu Garapati, Advocate Mr. Anoop Kumar Mehta, Advocate

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6/ 10.01.2023 Heard learned counsel for the petitioner and respective learned counsel for the respondents.

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2. Mr. Amit Kumar Sinha, learned counsel appearing for the petitioner seeks permission to implead Jharkhand Combined Entrance Competitive Examination Board, Ranchi through its Controller of Examination as party respondent.

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3. Permission, as sought for, is granted. Counsel for the petitioner is directed to make necessary correction in the cause title of the writ petition in red ink in course of the day. He is also directed to serve two copies of the writ petition along with its enclosures to Mr. Anoop Kumar Mehta, learned counsel for Jharkhand Combined Entrance Competitive Examination Board, who is present in Court today itself.

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4. Petitioner, in this writ petition, has prayed for grant of No Objection Certificate for pursuing his Post Graduate Studies in Medical Education.

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5. Petitioner is a qualified MBBS Doctor and a Government Servant. He intended to pursue his higher education. He qualified NEET for Post Graduate Course 2022. He was earlier selected for Pharmacology, but, as the No Objection Certificate was not granted, said seat was filled up. In the next round of counseling, he was granted seat for Pathology. Inspite of that, the

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State Government did not issue No Objection Certificate, which compelled the petitioner to approach this Court. One seat for Pathology was directed to be kept reserved vide order dated 06.12.2022.

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6. Now the State counsel submits that No Objection Certificate has already been issued on 06.01.2023.

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7. Counsel appearing for RIMS submits that they have no objection to take admission of the petitioner if the Jharkhand Combined Entrance Competitive Examination Board recommends, after stray round of counseling, the name of the petitioner for admission against the seat, which has been kept reserved pursuant to the order of this Court. He further submits that as there was a direction and the counseling was not completed by 3^rd December, 2022, RIMS returned the seat. Now, considering the peculiar facts of this case, the date has to be extended as the last date for counseling was fixed on 2^nd December, 2022. He further submits that there was a direction of the Hon’ble Supreme Court, which mandates that timeline is to be strictly followed.

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8. Each and every case has to be taken on peculiar facts of the respective cases. In this case, petitioner qualified for Post Graduate Training. He was called for counseling and was offered Post Graduation in Pharmacology, but, he was not admitted due to want of No Objection Certificate. Issuance of No Objection Certificate was within the domain of the State, but the State did not issue No Objection Certificate to the petitioner, which caused immense inconvenience to the petitioner. In the Second Round of Counselling also petitioner qualified and he was offered the seat in Pathology and even then the State did not issue No Objection Certificate. Timeline, in the meantime, lapsed, but before that the petitioner approached this Court by filing the instant writ petition on 16.11.2022.

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9. Due to the inaction of the State, petitioner cannot be penalized. The State ought to have issued No Objection Certificate immediately on application, rather they kept the matter pending and only issued the same on 06.01.2023.

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10. Considering the aforesaid fact, timeline needs to be extended so far as this petitioner is concerned, as the same is extraordinary case, which needs consideration by this Court. I direct the Jharkhand Combined Entrance Competitive Examination Board, Ranchi to extend the date so far as this petitioner is concerned, till 16^th January, 2023. Petitioner should appear with all the documents before the Board on 12^th January, 2023 and if everything is in

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order, the Board will recommend the name of the petitioner by 16^th January, 2023 and the Rajendra Institute of Medical Sciences will take admission of the petitioner without any further delay.

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11. This writ petition is disposed of with the aforesaid directions. 12. In view of the final order disposing of the writ petition, interlocutory application being, I.A. No. 11038 of 2022 also stands disposed of.

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13. Let a copy of this order be handed over to Mr. Anoop Kumar Mehta, learned counsel for Jharkhand Combined Entrance Competitive Examination Board and Mr. Sreenu Garapati, learned counsel for Rajendra Institute of Medical Sciences.

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(Ananda Sen, J.)

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Kumar/S.K/Cp-02

Dr Rajeev Rajan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dr Rajeev Rajan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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