Allowed

Shilpi Khandelwal v. State Medical and Healthors

Rajasthan HC29 Sept 2015CW/13975/2015

Case brief

AI extract

What is this about?

High Court permitted MBBS candidates with All India quota admissions to appear in extended third counselling for Rajasthan, allowed without immediate resignation certificates or original documents, subject to submissions by specific deadlines.

What did the court decide?

Petitioners permitted to appear in extended third counselling without immediate resignation certificate or original documents, provided resignation certificate submitted by 11.30 AM on 30.09.2015 and

Shilpi Khandelwal Vs State Medical and Healthors — Education and Admissions | Rajasthan HC (2015)

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S.B. Civil Writ Petition No.13798/2015 Vratika Garg Vs. Raj. University of Health & Sciences, Jaipur & Ors. With connected matters

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{1}

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR

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S.B. CIVIL WRIT PETITION NO.13798/2015

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Vratika Garg

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Vs.

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Raj. University of Health & Sciences, Jaipur & Ors.

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S.B. CIVIL WRIT PETITION NO.13971/2015

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Kirti Yadav & Anr.

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Vs.

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State of Raj.(Medical & Health Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.13972/2015

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Akshay Kumar & Ors.

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Vs.

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State of Raj.(Medical & Health Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.13973/2015

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Shresth Pareek & Ors.

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Vs.

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State of Raj.(Medical & Health Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.13974/2015

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Anchal Meean & Anr.

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Vs.

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State of Raj.(Medical & Health Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.13975/2015

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Shilpi Khandelwal

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Vs.

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State of Raj.(Medical & Health Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.13869/2015

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Harsh Vardhan Kashiba

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Vs.

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State of Raj. (Medical & Health Department) & Ors.

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S.B. CIVIL WRIT PETITION NO.13871/2015

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Amit Kumar Saini

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Vs.

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Raj. University of Health & Sciences, Jaipur & Anr.

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S.B. CIVIL WRIT PETITION NO.14206/2015

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Harish Kumar Dhankar

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Vs.

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Raj. UG (Medical & Dental) Admission Board 2015 & Ors.

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S.B. Civil Writ Petition No.13798/2015 Vratika Garg Vs. Raj. University of Health & Sciences, Jaipur & Ors. With connected matters

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{2}

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S.B. CIVIL WRIT PETITION NO.14223/2015 Lal Chand Jat

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Vs.

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Raj. UG (Medical & Dental) Admission Board 2015 & Ors.

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S.B. CIVIL WRIT PETITION NO.14224/2015

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Babu Lal Yadav

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Vs.

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Raj. UG (Medical & Dental) Admission Board 2015 & Ors.

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S.B. CIVIL WRIT PETITION NO.14225/2015

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Sarita Nehra

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Vs.

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Raj. UG (Medical & Dental) Admission Board 2015 & Ors.

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S.B. CIVIL WRIT PETITION NO.14226/2015

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Gagan Kumar Yadav

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Vs.

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State of Raj.(Medical Edu. Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.14447/2015

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Yamini Khandelwal

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Vs.

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State of Raj. (Medical & Health Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.14495/2015

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Sandeep Kumar & Ors.

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Vs.

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State of Raj. (Medical & Health Education Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.14496/2015

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Anjana Jhajhara

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Vs.

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State of Raj. (Medical & Health Education Dept.) & Ors.

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S.B. CIVIL WRIT PETITION NO.14497/2015

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Subhash Jhajhara

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Vs.

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Central Board of Secondary Education & Ors.

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DATE OF ORDER : 29.09.2015

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HON'BLE MR. JUSTICE M.N. BHANDARI

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Mr. Ravi Kumar Kasliwal ] Mr. Rajendra Soni ] Mr. Ram Pratap Saini ] Mr. Vijay Poonia ]

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S.B. Civil Writ Petition No.13798/2015 Vratika Garg Vs. Raj. University of Health & Sciences, Jaipur & Ors. With connected matters

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{3}

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Mr. S.N. Soorwal ] Ms. Rashmi Khandelwal ] Mr. Anshuman Saxena ] Mr. Mahesh Gupta ], for the petitioners. Mr. M.A. Khan, for RUHS and Raj. UG Admission MBBS/Dental Board, 2015, Raj.

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Mr. Sanjeev Singhal, Dy. Government Counsel (Medical Education) for the State.

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Mr. Angad Mirdha, for non-petitioner MCI.

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The petitioners are those who have already taken admission in MBBS course after appearing in All India Medical Entrance Test. As per the merit, they got admission in a medical college out side the State. The prayer of the petitioners is now to allow them to appear in extended third counselling scheduled to be held on 30.09.2015 for admission in MBBS and BDS courses. The petitioner would not be permitted to appear in counselling in absence of the original documents. The petitioner are not in a position to deposit the original documents as it has already been given in the medical college where they have taken admission. The petitioner had a chance to get admission in medical college in the State of Rajasthan because more than 100 seats said to have remained vacant out of All India Quota. It has been revert back to the State.

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S.B. Civil Writ Petition No.13798/2015 Vratika Garg Vs. Raj. University of Health & Sciences, Jaipur & Ors. With connected matters

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A direction is sought to permit the petitioner to appear in the counselling without insisting for submission of original documents at the time of counselling. It would be submitted in the college allotted during the course of counselling. It would as per condition given in the information booklet issued by the non-petitioners. The nonpetitioners are insisting for resignation from the earlier college for their appearance in the counselling. The aforesaid condition is de-hors the terms of information booklet and otherwise may be detriment to the rights of the petitioners.

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In view of the above, the direction be given to the non-petitioners to allow the petitioners to appear in the counselling for admission in MBBS course without insisting for certificate of resignation from the earlier medical college and original documents.

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Mr. M.A. Khan, learned counsel appearing for RUHS and Raj. UG Admission MBBS/Dental Board, 2015, Raj. submits that issue raised by the petitioner has been decided by the Central Government. They have issued directions to permit the candidates for the counselling

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S.B. Civil Writ Petition No.13798/2015 Vratika Garg Vs. Raj. University of Health & Sciences, Jaipur & Ors. With connected matters {5}

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without insisting for submission of original documents from whom who have taken admission in other medical college. It is however, subject to submission of resignation from other medical college coupled with undertaking to submit original documents within stipulated time. The petitioner would be permitted to appear in counselling provided they furnish certificate of resignation. For the facility of such candidate, it can be online. The petitioner may accordingly resign from the earlier college and submit the certificate of resignation. In that case seat of other medical college would not go in waste as the process of counselling and admission has to be completed by 30.09.2015. It is thus looking to the time constrained also, the aforesaid mechanism has been adopted. The original documents may be then produced before the college so allotted.

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Mr. Angad Mirdha, learned counsel appearing for MCI submits that as per the order of the Hon'ble Apex Court in Mridul Dhar (minor) & Anr. Vs Union of India & Ors. (2005) 2 SCC 65 a candidate should not be permitted to change the college in second counselling.

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S.B. Civil Writ Petition No.13798/2015 Vratika Garg Vs. Raj. University of Health & Sciences, Jaipur & Ors. With connected matters

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{6}

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I have considered the rival submissions made by

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the learned counsel for the parties and perused the record.

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It is a case where petitioner have already taken admission in the Medical College against All India quota. The admission has been taken in medical college out of State of Rajasthan. The petitioners are eager to get admission in medical college of State of Raj. They can be permitted in the counselling provided certificate of resignation from other medical college is submitted. The system aforesaid has been embodied by the Central Government so that the seats occupied by the petitioners in the medical college of the other State may not remain vacant and if the resignation is permitted subsequent to the admission in the medical college of State of Raj., the seat in the medical college of other State would go in waste as it could not be filled. It is looking to the time constrain. All the admissions have to be completed by 30^th September, 2015. In view of the above, the petitioners be permitted to appear in the final counselling scheduled on 30.09.2015 at 9.00 AM provided they submit certificate of resignation by 11.30 AM and it would be apart from the undertakings required as per the letter of Government of India dated

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S.B. Civil Writ Petition No.13798/2015 Vratika Garg Vs. Raj. University of Health & Sciences, Jaipur & Ors. With connected matters {7}

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28.08.2015. The resignation can be submitted on line or by E-mail but it should on or before 11.30 AM of 30.09.2015. This includes undertaking to furnish original documents in the college within a period of seven days. It is made clear that the formalities of admission should be completed on or before 30.09.2015. It is also made clear that those petitioners who have already been allotted college in pursuance to interim order, they would produce the original documents in the allotted college, if not already submitted it. It would obviously be after resignation from the earlier medical college with a certificate to be submitted on or before 11.30 AM on 30.09.2015, if not submitted till now.

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It is also made clear that after the judgment in the case of Mridul Dhar (minor) & Anr (Supra), the Hon'ble Apex Court has given new calendar in the case of Lipika Gupta & Anr. Vs. Union of India & Ors. vide order dated 19.05.2014 and accordingly, now after second counselling, extended third counselling has also been permitted. Thus, a direction given by the Hon'ble Apex Court in the case of Mridul Dhar (minor) & Anr (supra) in respect of second counselling would not apply to the present case.

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S.B. Civil Writ Petition No.13798/2015 Vratika Garg Vs. Raj. University of Health & Sciences, Jaipur & Ors. With connected matters

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It is made clear that the All India Seats of state of Rajasthan remained unfilled and had been rolled back by the Government of India would be filled by the State of Rajasthan, now after the final order by the Hon'ble Apex Court dated 28.09.2015 as now, no restrain exists to fill up those seats and accordingly, counselling may be conducted for it also.

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With the aforesaid, all the writ petitions so as stay applications are disposed of.

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[M.N. BHANDARI], J.

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Goyal ramesh/Item No.3-8, 215, 216, 221-225, 228

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All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Ramesh Goyal, Jr.P.A.

Shilpi Khandelwal v. State Medical and Healthors

Case brief

What is this about?

What did the court decide?

Shilpi Khandelwal v. State Medical and Healthors

Case brief

What is this about?

What did the court decide?

What the court decided

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