The High Court allowed two connected writ petitions regarding NEET PG counselling admissions by following the judgment of a coordinate Bench dated 15.06.2020, dismissing objections raised by the Registry.
Writ petitions allowed in terms of the judgment/order dated 15.06.2020; pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
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S.B. Civil Writ Petition No. 4258/2020
Jenual Abideen S/o Yasin Behlim, Aged About 31 Years, R/o Ward No. 16 Near Madrsa Fatima, V/p Ramgarh Shekhawati, District Sikar, Rajasthan. Presently Posted At Public Healthcare Center V/p Bamnera, Block Sumerpur, District Pali, Rajasthan.
----Petitioner
----Respondents
Connected With
S.B. Civil Writ Petition No. 4232/2020
Lokendra Singh, R/o Near Major Ki Haveli, Thakur Ji Ka Mandir, V/p Chalkoi Beekan, Tehsil Taranagar, District Churu, Rajasthan. Presently Posted At Public Healthcare Center V/p Bijapur, Bhatunda Road, Tehsil Bali, District Pali, Rajasthan.
----Petitioner
(2 of 4)
[CW-4258/2020]
----Respondents
For Petitioner(s) : Mr. Abhimanyu Singh Rathore. Dr. Nupur Bhati. For Respondent(s) : Mr. Vivek Sharma on behalf of Mr. Manish Vyas, Additional Advocate General.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
03/07/2020
Since, these writ petitions are likely to be allowed, as said to have been covered by the judgment/order dated 15.06.2020, the defects pointed out by the Registry are overruled.
Learned counsel for the parties are ad-idem that the controversy involved in the present writ petitions is squarely covered by the judgment/order dated 15.06.2020 rendered by the coordinate Bench of this Court at Jaipur in a batch of writ petitions led by S.B. Civil Writ Petition No. 5468/2020 titled as Karmendra Singh Kushwaha & Ors. Vs State of Rajasthan & Ors. wherein, the writ petitions were allowed while issuing certain directions to the State Government. Learned counsel appearing for the petitioners prayed that this writ petitions may also be allowed, in terms of the judgment/order dated 15.06.2020 (Reserved on 04.06.2020).
(3 of 4)
[CW-4258/2020]
For ready reference, the operative portion of the judgment/order dated 15.06.2020 is reproduced hereinbelow:-
“Accordingly, in view of the aforesaid findings, the first round of counselling conducted for State Quota PG Seats and the allotment of seats made therein are quashed and cancelled and the respondents are further directed as under:-
(a) The State Government shall conduct a fresh round of counselling for admission to PG seats by including the additional seats allotted for implementation of EWS quota as per the MCI letter dated 27/02/2020.
(b) As it is noticed that during pendency of the writ petitions, the first round of All India Counselling and second round of All India Counselling has already commenced, therefore, in the counselling, which is to be done now by the State, all the seats, which have come back to the Sate government after the All India Counselling, shall also be included keeping in view the peculiar circumstances which have arisen and with the view that there is no delay in giving admissions.
(c) The State Government shall be free to fill EWS 10% quota by applying plain roster of 10%. The roster of direct recruitment shall not be applicable for the said purpose. The EWS reservation shall apply as per roster to the only seats which are made available by MCI for implementation of EWS quota vide letter dated 27/02/2020. (d) The admissions given in the first round of counselling would be treated as cancelled. However, if in the second round of counselling, the student has not been able to get a particular seat, his fees already deposited, shall be returned. The exercise shall be immediately conducted on completion of All India Counselling.
(4 of 4)
[CW-4258/2020]
(e) It is directed that hence, the admission process for PG Courses, which is to be conducted shall be transparent and information shall be provided to all students beforehand about roster which is being applied and the Colleges where the vacant seats are there etc. in order to avoid further litigation in future. (f) The observations made by this Court with regard to the EWS reservation in each category as per the provisions of the Constitution shall be considered for future admissions.”
After perusal of the copy of the judgment/order dated 15.06.2020, this Court is of the view that the present writ petitions deserve to be allowed, of course, in terms of the judgment/order dated 15.06.2020, as mentioned hereinabove.
Resultantly, both these writ petitions are allowed, in terms of the judgment/order dated 15.06.2020 rendered by the coordinate Bench of this Court at Jaipur in a batch of writ petitions led by S.B. Civil Writ Petition No. 5468/2020 titled as Karmendra Singh Kushwaha & Ors. Vs State of Rajasthan & Ors. The pending applications, if any, shall stand disposed of. No costs.
(DEVENDRA KACHHAWAHA),J
45-46-Mohan/-
2 issues framed by the court
Whether the present writ petitions should be allowed in terms of the judgment/order dated 15.06.2020
Whether the defects pointed out by the Registry should be overruled
Colour shows how this judgement treated each authority
Karmendra Singh Kushwaha & Ors. Vs State of Rajasthan & Ors.Followed¶29
S.B. Civil Writ Petition No. 5468/2020 titled as Karmendra Singh Kushwaha & Ors. Vs State of Rajasthan & Ors.
Jenual Abideen
Lokendra Singh
State Of Rajasthan
Akash Mittal
Rajat Kumar
Deendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
