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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
SAMEER JAIN, J.
Nikhil Choudhary S/o Shri Vijay Singh – Petitioner
Versus
Union of India, through Secretary, New Delhi – Respondent
S.B. Civil Writ Petition No. 13615 of 2023
Decided On : 30-08-2024
SOP - Wards of Defence Personnel - Article 226 - The court examined the legality of the SOP issued for medical college admissions under the WDP category, affirming its compliance with prior guidelines and dismissing the petitioner's claims of discrimination.
Fact of the Case:
The petitioner, a candidate for medical college admission under the WDP category, was ousted from consideration due to a Standard Operating Procedure (SOP) that he claimed contradicted established guidelines, leading to his petition under Article 226.
Finding of the Court:
The court found that the SOP was valid and aligned with the Ministry of Defense's guidelines, and that the petitioner had been considered under the provisional merit list but did not secure a seat due to his merit score.
Issues: Whether the SOP issued for medical college admissions under the WDP category was valid and whether it discriminated against the petitioner.
Ratio Decidendi: The court held that the SOP was consistent with prior guidelines and did not violate the principles of equality under Article 14, as it provided a rational classification for admissions.
Result: The petition was dismissed as devoid of merit.
ORDER :
1. The instant petition is filed under Article 226 of the Constitution of India, with the following prayers:
(b) The provisional list dated 27/07/2023, 31/07/2023 and final allotment list dated 03/08/2023 be set aside and new list be prepared afresh after removing the anomaly created by impugned Annexure-8.
(c) The respondents who has taken admission to the Medical College Seats under WDP category in violation of Rule, Regulation and Guidelines, their admission be scrapped and the seat is allotted to the petitioner.
(d) The respondents be directed to mention Defence Personnel Identification number in its originality or in coded way so that misuse of such welfare measures is avoided and specific explanation from the concerned authority be taken that how the name of candidates appeared in final list when their names were not in the provisional list published by the same authority.
(e) Any other appropriate order or direction which this Hon’ble court may deems fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.
(f) Cost of writ petition may kindly be awarded to the petitioner.”
2. The factual narrative of the instant matter is that the petitioner had qualified his Senior Secondary School Examination with Physics, Chemistry, Biology, English and Hindi as his subjects and has thereafter, appeared in NEET-2021 Examination and was allotted Bharatpur Medical College. Howsoever, due to reshuffling on the basis of the impugned Standard Operating Procedure (hereinafter, referred to as SOP) (Annexure-8), the petitioner’s candidature was ousted. Aggrieved of which the petitioner had filed a petition in the year 2022, bearing number as SBCWP No. 6259/2022 titled as Nikhil Choudhary Vs. Union of India & Ors. Vide order dated 10.04.2023 the said writ petition was dismissed. Subsequently the petitioner preferred a Special Appeal, registered as DBSAW No. 457/2023 titled as Nikhil Choudhary Vs. Union of India & Ors. which by order dated 30.05.2023 was dismissed.
3. Thereafter, with great zeal the petitioner appeared in NEET-2022 Examination. Nevertheless, the petitioner failed to secure a seat under the ‘Wards of Defense Personnel’ (hereinafter, referred as WDP) category, for the reason that the petitioner had wrongly claimed the said benefit twice, which is per se outlawed. Again, the petitioner filed a petition registered as SBCWP No. 16783/2022, which was dismissed by the co-ordinate Bench of this Court.
4. The cause of action resulting to the instant petition arose when the National Testing Agency issued a notice for National Eligibility cum Entrance Test-2023 (hereinafter, referred to as NEET-2023) inviting applications for under-graduate medical course. The petitioner applied under the OBC (NCL) category. The petitioner had filled his form under the said category as the father of the petitioner is serving the Indian Army ever-since 28.04.1998 and had received gallantry award for his excellent service.
5. The result qua the said NEET-2023 Examination was declared on 13.06.2023, wherein, the petitioner scored 315 marks out of the total 720 marks, and secured AIR 385000 and category rank 170805 (Annexure-3). With great expectations and under the belief that the petitioner’s candidature ought to be considered under the 1% reserved seats for the WOP candidates, the petitioner prepared to appear in the counseling that was scheduled on 29.07.2023.
6. In this backdrop, learned counsel appearing on behalf of the petitioner averred that the petitioner belong to the category/priority Exs 5/priority V, as per the reservation policy clause (e) of the Inform
The court affirmed that the SOP for WDP admissions was valid and did not violate equality principles, as it adhered to established guidelines.
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