A writ petition for admission in PG medical courses was dismissed as infructuous because the appointment and consideration seats were not vacant at the time of hearing, following the passage of time since the relevant admission process.
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.
[2023/RJJP/004465]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7775/2018
Dr. Hari Singh Son Of Shri Shrawan Lal, By Caste Jat, Resident Of Bhaira Ki Dhani, Khachariyawas, Dataramgarh, District Sikar Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : None. For Respondent(s) : Dr. V.B. Sharma, AAG.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
20/03/2023
This writ petition has been filed by the petitioner with the following prayer:-
“It is, therefore, most humbly prayed that the Hon’ble Court may kindly be pleased to accept and allow the writ petition and be pleased to issue following writ or order or direction, whereby:
(I) By issuing an appropriate writ, order of direction the respondents may kindly be directed to consider and admit the petitioner in diploma in general medicine (DGM) or diploma in child health (DCH) or diploma in dermatology (DDV) by considering him against the vacant seats available at Rajsamand, Alwar or at any
(2 of 2)
[2023/RJJP/004465]
[CW-7775/2018]
other place in Rajasthan in the aforesaid subjects by calling choice again against vacant seats of CPS-PG Admission, 2016 and allot him seat in diploma in medicine or diploma in child health as the seats in Rajsamand, Alwar or at any other place in one of the aforesaid subjects and petitioner be considered and admitted against vacant seats without considering other persons who are not in merit of CET of CPS-PG Admission, 2016.
(ii) The Hon’ble Court may kindly pass such other order or a direction, which it may deem just, proper and expedient in the facts and circumstances of the present case. (iii) Costs throughout be also ordered to be awarded to the petitioner.”
On 28.02.2023, this court passed the following order:-
“None present on behalf of the parties. However, in the interest of justice, list on 20.03.2023.”
Today also, none appeared on behalf of the petitioner.
I have perused the record and find that this matter relates to PG Admission-2016 and no interim order has been passed by this court in this matter while issuing notices to the respondents.
In the facts and circumstances of the present case and in my view, by efflux of time, the present writ petition has become infructuous.
In that view of the matter, this writ petition is dismissed as having become infructuous.
(INDERJEET SINGH),J
MG/09
1 issue framed by the court
Whether the writ petition seeking admission in PG courses became infructuous due to the efflux of time.
Dr. Hari Singh
State Of Rajasthan Through Its Director Public Health, Medical And Health Services Rajasthan
College Of Physicians And Surgeons Of Mumbai Through Its Registrar
Medical Council Of India Through Its Secretary
Inderjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
