JUDGMENT :

Pushpendra Singh Bhati, J.

1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. The petitioner has preferred this writ petition claiming the following reliefs:

"a. The respondents may kindly be directed to allot the residual seat of CTVS specialty at respondent SMS Medical College, Jaipur/Mahatma Gandhi Medical College, Jaipur or any other medical college as per his merit pursuant to notice dated 02.08.2020 Annex. 2;

b. The respondent No. 2/3 may kindly be directed to complete the remaining Mop Up rounds counselling process forthwith so that residual seats of super specialty courses pursuant to NEET SS 2020-21 can be filled up;

c. The respondents may kindly be directed to fill the vacant seats lying after first Mop-up round of counsel pursuant to notice dated 30.01.2021 Annex. 8 on the basis of merit of the candidates by lowering the minimum qualifying percentile;

3. Learned counsel for the petitioner has shown the alarming statistics for the colleges in Rajasthan, where out of 135, 41 seats in DNB/DM/M.CH Super-specialty Courses are vacant.

4. Learned counsel for the petitioner further submits that the requirement of NEET for Medical Colleges, the compulsory mode of filling the seats being Medical Colleges, the number of vacant seats reflects that there is a grave loss of manpower and infrastructure being caused due to the qualifying percentile, which was 50% and has been reduced to 40% by the Hon'ble Apex Court.

5. Learned counsel for the petitioner has relied upon the order passed by the Karnataka High Court in Writ Petition No. 100652/2021 on 26.02.2021, which reads as under:

"Heard Sri M.R. Naik, learned Senior Counsel along with learned counsel Sri Sharanabasavaraj C.S. and Sri M.B. Kanavi, learned Senior Central Government Standing Counsel.

Learned counsel Sri J.M. Gangadhar takes notice on behalf of respondent No. 5 and the learned counsel Sri R.M. Kulkarni takes notice on behalf of respondent No. 6.

Issue notice to respondent No. 2.

Learned Senior Counsel would invite the attention of this Court to Annexure-K, The Homeopathy Central Council Act, and would take the Court through the provisions of Section 20(2) relating to framing of regulations. He would contend that the issue was raised before the Hon'ble Apex Court, where it was contended that there is no compliance with the mandate of Section 20(2) while imposing the stipulation of qualifying in the NEET examinations. Hence, has minimum percentile being contrary to the statute the same is vitiated as being contrary to the very provisions of the Act. Learned counsel would takes this Court through order of the Hon'ble Apex Court rendered in Civil Appeal No. 603/2020, wherein at paragraph No. 13 the Hon'ble Apex Court has been pleased to observe as under:

13. The notification dated 14.12.2018 pertaining to the Homoeopathy courses is similar to that of the AYUSH Courses. It was contended on behalf of Homoeopathy colleges that the procedure prescribed in Section 20(2) of the Homoeopathy Central Council Act, 1973 (for short, 1973' Act) was not followed before the amendment was carried out to the Regulations. In view of the paucity of time, no response was filed by the Central Council of Homoeopathy or by the Union of India clarifying the factual position pertaining to the non-compliance of the procedure prescribed under the 1973 Act for making Regulations. In view of the same, we are not in a position to decide the issue raised by the Petitioners in Writ Petition (C) No. 1461 of 2019. We leave it open to the Petitioners to raise these issues before the High Court, if they deem it fit and proper it is not necessary to deal with various submissions made by the Appellants in view of the order passed by us permitting the students to continue their studies.

3. Learned Senior Counsel was also take this Court through the interim order by a co-ordinate bench headed by Sri Justice A.S. Bopanna, (as he then was) and would pray for