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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sameer Jain, J.
Kailash Choudhary Son Of Shri Teja Ram Choudhary - Petitioner
Versus
Chairman, Neet (U.g.) and ors. – Respondents
S.B. Civil Writ Petition No. 14694/2024
Decided On : 21-11-2024
(A) Constitution of India - Article 14 - NEET-UG 2024 - Admission preferences for wards of Gallantry Awardee personnel - The petitioner seeks to quash the discriminatory provisions in the NEET-UG 2024 information booklet that do not provide equal preference to wards of Gallantry Awardee Para-Military Personnel compared to Military Personnel - The court noted that the Ministry of Home Affairs has established a priority list that does not include a separate category for Gallantry Awardee Para-Military personnel, leading to a claim of discrimination - The court emphasized that the classification of priorities is a prerogative of the respective ministries and should not be interfered with unless malafide or arbitrary actions are evident - The petition was dismissed as devoid of merit. (Paras 1-17)
ORDER :
Sameer Jain, J.
1. The instant petition is filed with the following prayers:-
ii) That by another appropriate writ, order or direction, the petitioner be permitted in second round of counseling by giving preference to him as ward of Gallantry Awardee personnel as per order dated 28.08.2024 (Annex.13) and be given admission in MBBS course as per his merit in NEET-UG 2024 against OBC (NCL) and WPP Gallantry Awardee quota with all consequential benefits.
iii) any other order or relief which this Hon’ble Court in the facts and circumstances of the case deems just and proper be passed in favour of humble petitioner.
iv) Cost of the writ petition be quantified in favour of petitioner.”
2. Learned counsel for the petitioner has submitted the following facts for assertion:-
(ii) That as per column 5(e) of the information bulletin for NEET U.G-2021, preference in admissions to MBBS/BDS courses were given to the wards of Gallantry awardee Military Personnel as well as Para-Military Personnel against 1% quota for wards of ex-servicemen.
3. Further, it is submitted that taking a contrary approach from the past practices (as per the admissions under NEET-UG-2024), a discrimination is caused qua the wards of Para-Military Personnel, wherein Ministry of Home Affairs has maintained 9 categories of priority crafted specifically qua wards of Gallantry awardee Military personnel putting them on a higher pedestal, perhaps qua wards of Gallantry awardee Para-military Personnel, only three categories of priority are made out, howsoever under the latter Category, no priority qua wards of Gallantry awardee is maintained.
4. It is further submitted that a clarification order dated 22.08.2024 (Annexure-10) was issued by the Director of Sainik Kalyan Board, Rajasthan whereby directions were given for considering the petitioners’ candidature under category 2 and 3 of the said priority list pertaining to wards of Para-Military personnel, reflecting an apparent and clear intention of the competent Authority vide which the petitioner should be granted benefit qua his claim.
5. Furthermore, it is submitted that undue hardship and grave discrimination is caused to the petitioner by not grating him reservation qua being ward of Gallantry awardee Para-military personnel akin to the information booklet containing priority list [specified as Column 5(e)] for NEET UG 2021.
6. Additionally, it is contended that a discriminatory approach has been adopted by treating reservations qua wards of Military and Para-military categories in a differential manner.
7. In support of contentions made insofar reliance is placed upon the dictum encapsulated in the judgments passed by the Hon’ble Apex Court in AIR 2008 SC 3148 titled as Satyawati Sharma Vs. Union of India & Anr.; AIR 1983 SC 130 titled as D. S. Nakara & Ors. versus Union of India and AIR 1989 SC 903, titled as Dipak Sibal versus Punjab University and Another.
8. Per contra, learned counsel on behalf of the respondents-Shri Angad Mirdha, Shri Anand Sharma and Shri Vigyan Shah have submitted that the information booklet qua NEET UG 2024 was issued based on the directions, vide letter dated 06.06.2024 (Annexure-AA/2) whereby, Ministry of Home Affairs, New Delhi and Director General, Centra
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