D.B. Civil Special Appeal regarding NEET admission grievances. The appellant sought to challenge non-inclusion in the merit list by challenging the SOP dated 01.07.2020 in a second petition.
The appeal is dismissed; the order of the Single Judge stands upheld.
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:RJ-JP:16809-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Special Appeal (Writ) No. 457/2023
In
S.B. Civil Writ Petition No.6259/2022
Nikhil Choudhary S/o Shri Vijay Singh, Aged About 18 Years, R/o 1/304, Housing Board, Indian School Ke Pass, Jhunjhunu, Rajasthan. Mobile No.7300104393, Email ID:[email protected]
----Appellant
Versus
(2 of 5)
[2023:RJ-JP:16809-DB]
[SAW-457/2023]
Ki Dhani, Post Ked, Bamlas, District Jhunjhunu (Raj.) Presently Studying At Govt. Medical College, Pali, Rajasthan.
----Respondents
For Appellant(s)
: Mr. M.S. Saharan Advocate.
HON'BLE THE ACTING CHIEF JUSTICE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment
30/05/2023
Heard on admission.
Learned counsel for the appellant-writ petitioner would argue that the learned Single Judge erred in law in dismissing the writ petition without examination of the case on merits only on the ground that earlier a writ petition was filed by the appellant-writ petitioner, which was dismissed on 15.03.2022 without appreciating that while challenging the action of the respondents in the earlier round of writ petition, the appellant-writ petitioner had not challenged the legality and validity of the SOP dated 01.07.2020. He would submit that, even though, the earlier writ petition was filed agitating the grievance that the appellant-writ petitioner was illegally not included in the merit list, that does not operate as bar to file second petition for that very relief if the appellant-writ petitioner now seeks to challenge SOP dated 01.07.2020, which earlier was not
[2023:RJ-JP:16809-DB]
[SAW-457/2023]
(3 of 5)
challenged. Learned counsel has placed reliance upon the decision of the Hon’ble Supreme Court in the case of Brahma Singh and Others Versus Union of India and Others, (2020) 12 Supreme Court Cases 762.
Therefore, it is prayed that the order passed by the learned Single Judge may be set aside and the case be either remanded for adjudication on merits or may be examined on merits in this appeal.
Appellant-writ petitioner had earlier filed S.B. Civil Writ Petition No.3477/2022 wherein, the appellant along with one another writ petitioner sought direction to extend the benefit of reservation under ExS-5 category and to permit the writ petitioners therein to get admission in MBBS/BDS course with the pleadings inter-alia that the writ petitioners had appeared in the NEET-2021 examination and the respondents had illegally operated the reservation criteria under their own guidelines and circulars resulting in ouster of the writ petitioners and illegal up-gradation of some other candidates in ExS-4 category. That writ petition was dismissed on 15.03.2022. An issue with regard to application of SOP dated 01.07.2020 also arose for consideration. After examining the material on record, various guidelines, including SOP dated 01.07.2020, learned Single Judge found that those candidates placed in the ExS-4 category having better merit and priority were granted admission and the appellant herein was placed in ExS-5 category and no candidate falling in that category having lower merit than the appellant-writ petitioner, was given admission.
It is apposite to mention here that the appellant herein was placed lower in the priority list as he belongs to ExS-5 category after a fresh exercise undertaken in compliance of order passed by the learned Single Judge of this Court in the case of Isha Choudhary
[2023:RJ-JP:16809-DB]
[SAW-457/2023]
(4 of 5)
Versus State of Rajasthan and Others (S.B. Civil Writ Petition No.13693/2020 and batch of writ petitions, decided on 13.01.2021) . Learned Single Judge examined the prevailing guidelines and schemes, particularly SOP dated 01.07.2020 and came to the conclusion that the priority list was required to be appropriately revised. That order adversely affected the appellantwrit petitioner.
There is nothing on record to show that till filing of this appeal, either order dated 13.01.2021 passed in Isha Choudhary Versus State of Rajasthan and Others (Supra) was challenged by the appellant-writ petitioner, or any appeal against the order dated 15.03.2022 passed in S.B. Civil Writ Petition No.3477/2022 was filed by the appellant-writ petitioner.
Moreover, learned Single Judge was also of the view that the admissions against the medical seats of medical colleges based on NEET Exam of 2021 have already been filled up and there is no vacancy.
Even if, we accept the submission of learned counsel for the appellant-writ petitioner that the provisions of Order II Rule 2 CPC, strictly speaking, are not applicable, we are of the view that, at this stage, when all the seats have been filled up, and that the appellantwrit petitioner in the first round of petition though having full notice and knowledge of SOP dated 01.07.2020 did not chose to challenge the same, nor sought any amendment in the relief even by filing any appeal and further taking into consideration that the list under challenge in the present case has been revised in compliance of order passed by the learned Single Judge of this Court in the case of Isha Choudhary Versus State of Rajasthan and others (Supra) , we
[2023:RJ-JP:16809-DB]
[SAW-457/2023]
(5 of 5)
are not inclined to interfere with the order passed by the learned Single Judge and, therefore, the appeal deserves to the dismissed and the same is, accordingly, dismissed.
(ANIL KUMAR UPMAN),J
(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
SANJAY KUMAWAT-5
2 issues framed by the court
Whether a second writ petition challenging the Student Operation Plan (SOP) dated 01.07.2020 is maintainable after an earlier petition was dismissed without challenging the SOP.
Whether the High Court can interfere when all admission seats have been filled based on the revised priority list under the Isha Choudhary judgment.
Colour shows how this judgement treated each authority
Brahma Singh and Others Versus Union of India and OthersReferred¶35
Brahma Singh and Others Versus Union of India and Others, (2020) 12 Supreme Court Cases 762
Isha Choudhary Versus State of Rajasthan and OthersDistinguished¶38
Isha Choudhary Versus State of Rajasthan and Others (S.B. Civil Writ Petition No.13693/2020)
2 provisions across 2 enactments
Nikhil Choudhary
Union Of India
State Of Rajasthan
Kendriya Sainik Board
MANINDRA MOHAN SHRIVASTAVA
ANIL KUMAR UPMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
