The court's decision was based on resolving the seat allotment dispute and ensuring fairness in the counseling process.

JUDGMENT

SBCWP No.4015/2022:-

1. The present writ petition has been filed by the petitioner seeking a direction to allow him to join on the Post MBBS DNB (General Medicine) seat at Government Rukmani Devi Beni Prasad Jaipuriya Hospital, Jaipur as per his allotment letter dated 02.03.2022 issued to him or in alternate, the petitioner prayed for conducting the second round of counselling from merit No.420 on all the available vacant seats, at the time merit No.420 was available for the purpose of counselling.

2. This Court had issued notices on 08.03.2022 and asked the counsel appearing for the NEET PG Counselling Board, as what measures, the respondents were taking to conduct the counselling in proper manner.

3. During pendency of the aforesaid writ petition, one S.B. Civil Writ Petition No.4125/2022 was filed by another candidate namely Dr.Lalit Dhakar, who also prayed before this Court that the seat allotted to him of Post MBBS DNB (General Medicine) in Government Rukmani Devi Beni Prasad Jaipuriya Hospital, Jaipur may be allotted to him and the respondent therein --Dr.Shabir Mohammad may not be permitted to join the said seat.

4. Learned counsel for the respondents on previous dates informed this Court that the NEET Counselling Board was contemplating as in what manner, second round of counselling was to be conducted due to allotment of 1 seat to 2 candidates.

5. During pendency of the aforesaid two writ petitions, the other bunch of petitions has also been filed, wherein, candidates have challenged the action of the respondents, whereby they decided to conduct second round of counselling and the candidates were asked to appear again in the counselling from roster point No.367 and later on, modified from Sr. No.362.

6. The candidates in the bunch of writ petitions prayed that since admissions have already been granted to them and they have also deposited the requisite fees, the action of the respondents of conducting the second round of counselling, may be declared back.

7. This Court had asked Dr.Sandeep Tandon, Chairman, NEET PG Counselling Board to inform this Court about the method which can be adopted to resolve the dispute which has arisen on account of fresh second round of counselling and in what manner the other candidates may not be disturbed, who have also participated and got admission after second round of counselling.

8. This Court on 23.03.2022 had directed Dr.Sandeep Tandon, Chairman, NEET PG Counselling Board to take a fresh decision in respect to the complications which have arisen on account of decision of the Counselling Board to conduct second round of counselling.

9. This Court had also asked the petitioner-Dr.Shabir Mohammad to make a representation to the Chairman of NEET PG Counselling Board, as in what manner, his grievance can be taken care of.

10. Learned counsel for the respondents-Mr.Harshal Tholia has placed on record an additional affidavit today, whereby, a copy of minutes of meeting of State NEET PG Admission Counselling Board-2021, dated 23.03.2022, has also been annexed therewith.

11. The perusal of the aforesaid minutes shows that the seat of MD (Pediatrics) (Permitted), SNMC, Jodhpur was available after second round of counseling and the petitioner (Dr.Shabir Mohammad) who appeared before the Counselling Board, agreed to get seat of MD Pediatrics (Permitted), SNMC, Jodhpur. The Board has decided to place this information before this Court for further action.

12. The aforesaid affidavit has also annexed the copy of application submitted by petitioner-Dr.Shabir Mohammad for allotment of seat of MD (Pediatrics), SNMC, Jodhpur and further he has assured the Authorities that such seat is given to him, he will not have any further claim.

13. This Court finds that the seat of MBBS DNB General Medicine was initially allotted to Dr.Lalit Dhakar (petitioner in S.B. CWP No.4125/2022) and he was entitled to get admission on the said seat, as per his merit and choice. The inadvertent allotment of seat of Dr.Shabir