Disposed

Yatharth Parashar S/O Shri Jitendra v. the State of Rajasthan

Rajasthan HC29 May 2024CW/4082/2024

Case brief

AI extract

What is this about?

The Court vacated the interim stay order dated 09.04.2024 regarding the petitioner's admission to the second year MBBS course, noting he failed to clear all first-year subjects. The petition was disposed of with liberty to the petitioner to file a representation within one week, which the competent authority was directed to consider within four weeks.

What did the court decide?

Vacation of stay order dated 09.04.2024 and liberty to file representation within one week for consideration within four weeks.

Yatharth Parashar S/O Shri Jitendra Vs the State… — Education and Admissions | Rajasthan HC (2024)

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[2024:RJ-JP:25575]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4082/2024

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Yatharth Parashar S/o Shri Jitendra, Aged About 19 Years, R/o Bhagwati Sen Sec. School, Tehsil Road, Mahawa Distt. Dausa (Raj.).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Principal Secretary, Medical Education Department, Govt. Of Rajasthan, Govt. Secretariat, Jaipur Rajasthan.

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The Director, Rajasthan University Of Health Sciences, Sector 18, Kumbha Marg, Pratap Nagar, Tonk Road, Jaipur- 302033.

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The Jaipur National University, Through Its Vice Chancellor, Jaipur -Agra Bypass, Near New Rto Office, Jagatpura, Jaipur- 302017.

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The Controller Of Examination, Jaipur National University, Institute For Medical Sciences And Research Center, Jaipur (Raj.).

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The Director, National Medical Commission, Pocket- 14, Sector 8, Dwarka Phase 1, New Delhi,110077.

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----Respondents

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For Petitioner(s)	: Mr. Mahendra Shah, Sr. Adv. with
	Mr. Akshit Gupta
For Respondent(s)	: Mr. Madhusudan Singh Rajpurohit

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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29/05/2024

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By way of the present petition, an application against the order dated 09.04.2024 is filed under Article 226(3) for vacation of the stay.

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Learned counsel for the respondent has submitted that the petitioner is a first semester student in the MBBS Course wherein

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there are three subjects Anatomy, Bio-chemistry and Physiology. It is submitted by the respondent that the petitioner has qualified in the subject of Anatomy and in rechecking, the petitioner also qualified in Physiology, but the only subject wherein he was not able to qualify even in the supplementary exam and upon reevaluation was Bio-chemistry.

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Learned counsel for the respondent has further submitted that as per the guidelines and the circular specified in Annex. R3/1 dated 31^st March, 2022 applicable qua the student for the academic session 2021-22 and Annex. R3/2 guidelines applicable from 1^st August, 2023 in one voice have clarified that first year MBBS student has to clear all the subjects and only then he can be made eligible to appear and join the second year MBBS course. It is submitted that in case of non-fulfilling the said condition one has to repeat with the junior batches.

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In light of the same, he has requested that the order dated 09.04.2024 should be vacated.

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Learned counsel for the petitioner at this point has submitted that the application of clarifications are prospective in nature and not applicable qua the petitioner.

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Considering the submissions noted above and taking specific note of Annex.R3/1 and Annex.R3/2, this Court deems it appropriate to vacate the stay order dated 09.04.2024.

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At this point, on the aspect of vacation of stay, counsel for the petitioner has prayed for liberty to file a representation before the competent authority/respondent No. 4, who is prayed to be given directions for consideration of the petitioner’s representation within a period of four weeks upon filing. This court on

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consideration of the facts is inclined to vacate the interim order dated 09.04.2024 and is disposing of the present petition with the liberty to the petitioner to file a representation within a week’s time from the date of receipt of this order and the same be considered by respondent No. 4 or competent authority by way of a speaking order in accordance with law within a further period of four weeks.

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In light of the aforesaid, the petition is disposed. Pending applications, if any, stand disposed of.

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(SAMEER JAIN),J

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DEEPAK/s-232

Yatharth Parashar S/O Shri Jitendra v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Yatharth Parashar S/O Shri Jitendra v. the State of Rajasthan

Case brief

What is this about?

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