Petitioner sought government seat in medical college after joining private seat and participating in Mopup Round. Court held candidate ineligible for Mopup Round participation and dismissed writ.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6867/2022
Narender Pal Choudhary S/o Ganga Singh, Aged About 23 Years, R/o Hempura, Post Birloka, Khinwsar, Nagaur.
----Petitioner
Versus
----Respondents
For Petitioner : Mr. Anil Choudhary for Mr. C.S. Kotwani For Respondent Nos.1 to 3 & 5 : Mr. Kailash Choudhary for Mr. Manish Vyas, AAG For Respondent No.4 Ms. Anmol Saluja for Mr. R.S. Saluja
HON'BLE MR. JUSTICE VIJAY BISHNOI Order
21/09/2022
This writ petition has been filed by the petitioner with a prayer to issue a direction to the respondents to grant him a government seat in the Government Medical College.
Brief facts of the case are that the petitioner appeared in the National Eligibility cum Entrance Test (Under Graduate) 2021
(2 of 3)
[CW-6867/2022]
examination and after getting selected in the said examination he was allotted a private seat in the Government Medical College, Pali.
It is not in dispute that the petitioner joined the Government Medical College, Pali, however, later on, he participated in Mopup Round of NEET UG Counselling for MBBS, BDS and B.Sc. Nursing 2021 conducted by Medical Counselling Committee (MCC), DGHS, Ministry of Health & Family Welfare, Government of India and as a result of which he was allotted a government seat in the Government Medical College, Barmer.
It is the case of the petitioner that as the Government Medical College, Pali did not return his documents, he failed to join on the government seat at Government Medical College, Barmer. It is also claimed by the petitioner that earlier also he had preferred S.B. Civil Writ Petition No.5023/2022 (Narendra Pal Choudhary Vs. State of Rajasthan & Ors.) before this Court, however, the same was withdrawn by the petitioner due to efflux of time.
Learned counsel for the petitioner has now prayed that since the petitioner has already been allotted a government seat in Government Medical College, Barmer, the respondents be directed to allow him to join on that seat.
Learned counsel Mr. Kailash Choudhary for Mr. Manish Vyas, AAG appearing on behalf of the respondent Nos.1 to 3 and 5 has argued that a candidate, who has already joined on a seat in any Government Medical College in I or II Round of counselling, is not eligible to participate in the Mopup Round of counselling. It is also submitted that since the petitioner had already joined on a private
(3 of 3)
[CW-6867/2022]
seat in the Government Medical College, Pali and he had not resigned from that seat, he was not even eligible for participating in the Mopup Round counselling but he has illegally participated in the said Mopup Round counselling.
Learned counsel for the respondent Nos.1 to 3 and 5 has placed reliance on the notification dated 22.03.2022 regarding NEET UG (Medical/Dental) Counselling 2021 (MBBS, BDS) (Mop-up, off-line) (State of Rajasthan) issued by the NEET UG Medical & Dental Admission/Counselling Board 2021, Government Dental College (RUHS College of Dental Science), Jaipur.
The Point Nos.7 and 8 of the notification dated 22.03.2022 clearly suggest that a candidate, who has already joined a seat allotted in any Government Medical College through State Counselling/Other State Counselling including All India Counselling, is not eligible to participate in the Mopup Round of counselling.
In such circumstances, the petitioner is not eligible to participate in the Mopup Round of counselling and he is also not entitled to get admission on the government seat even though the said government seat has already been allotted to him in the Mopup Round of counselling.
In view of the above, no merit in this writ petition and the same is hereby dismissed.
Stay petition also stands dismissed.
(VIJAY BISHNOI),J
Abhishek Kumar S.No.34
2 issues framed by the court
Whether a candidate who has joined a private seat and participated in Mopup Round counselling is eligible for a government seat.
Whether a petition challenging denial of government seat in medical college admits of a writ remedy.
Colour shows how this judgement treated each authority
Narendra Pal Choudhary Vs. State of Rajasthan & Ors.Referred¶22
Narendra Pal Choudhary Vs. State of Rajasthan & Ors.
Narender Pal Choudhary
State Of Rajasthan
Chairman, Neet-UG Medical And Dental Admission/counselling Board 2021
Government Dental College (RUHS) College Of Dental Science
Government Medical College, Pali
Medical Council Committee (MCC)
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
