ORDER :

Ashok Kumar Gaur, J.

1. The petitioner, who is a student of BDS First Year in Darshan Dental Medical College And Hospital, Udaipur, seeks a mandamus from this Court to allow him to pursue his BDS course by permitting him to have enrollment with the Rajasthan University of Health Sciences, Jaipur (for short "the University") and further to grant him permission to appear in the examination, conducted from time to time, along with the following prayer:

"(i) By an appropriate writ, order or direction, the non-petitioner/respondent No. 1 & 2 be directed to allow enrollment to the petitioner in Rajasthan University of Health Sciences, Jaipur, taking into consideration that petitioner studying in first year B.D.S. in Darshan Dental College & Hospital Udaipur and petitioner be allowed to continue the course and also to appear in examinations to be conducted time to time, by quashing letters dated 16.07.2020 and 25.07.2020 (Annexure-5 & 6) with all consequential benefits.

(ii) That any provision which deprived the petitioner from enrollment be quashed and set aside or non-petitioners/respondents be directed to relax the same in the case of petitioner as per facts & circumstances in the interest of justice."

2. The facts of the case are that the petitioner after passing Senior Secondary Examination (10+2) from Central Board of Secondary Education (for short "CBSE") in the year 2017, participated in National Eligibility cum Entrance Test (for short "NEET") (UG Examination) on 5th May, 2019 and got NEET All India Rank 416816 with the category rank for ST at 13012.

3. The petitioner after going through the counselling process, conducted by NEET Counselling Board, was issued provisional allotment letter dated 8th July, 2019 and was allotted Darshan Dental Medical College and Hospital - respondent No. 4 (for short "the College").

4. The petitioner after allotment of college, submitted all the required documents and the requisite fee of Rs.2,00,000/- was deposited by the petitioner for one year along with hostel fee of Rs.60,000/- and the petitioner started undergoing the said course in the college.

5. The petitioner has pleaded that first year examination of BDS was to be conducted in the month of August, 2020/September, 2020 and as such, the petitioner, during the course of study, applied for enrollment in the University and the University issued a letter dated 16th July, 2020 informing that enrollment of the petitioner cannot be allowed, as he failed in the subject of Chemistry in Senior Secondary Examination (10+2).

6. The petitioner has pleaded that the respondents were pursued by him as well as by his father stating that the petitioner was not at fault at any point of time and he had submitted all the required documents and after spending almost one year, the respondents were acting arbitrarily in denying enrollment to the petitioner.

7. The petitioner, in his writ petition, has pleaded that his mark sheet of Senior Secondary Examination (10+2), issued in the year 2017, had showed him with result as "pass" and only in the subject of Chemistry, remark "FT" i.e. "Fail in Theory" was given, whereas minimum passing marks are 33 and the petitioner obtained 10 marks in theory and 29 marks in practical, which is more than 33% marks.

8. The petitioner has pleaded that the respondent No. 3 i.e. National Eligibility Cum Entrance Test (NEET) (UG), Medical and Dental Admission Counseling Board (for short "the NEET Counselling Board"), which conducted examination and counselling process, had issued information booklet, in which, eligibility criteria was prescribed, wherein it was provided that a candidate must have the qualification of Senior Secondary Examination of the Indian School Certificate examination, which is equivalent to 10+2 after a period of 12 years of study and the last two years of study must be comprised of Chemistry, Physics, Biology w