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2024 Supreme(Raj) 1603

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SAMEER JAIN, J.
Sanjay Choudhary S/o Shri Omprakash Choudhary – Petitioner
Versus
Chairman NEET (UG) Medical and Dental Admission/Counselling Board – Respondent
S.B. Civil Writ Petition Nos. 16989, 16990, 17032, 17033, 17038 of 2024
Decided On : 05-11-2024

Advocates:
Advocate Appeared:
For the Petitioners: Sunil Kumar Singodia, Himanshu Jain, Ram Pratap Saini, Tanveer Ahamad, Aamir Khan
For the Respondents: Vigyan Shah, Yash Joshi, Angad Mirdha

IMPORTANT POINT
The court upheld the merit-based admission process while emphasizing the importance of procedural compliance by candidates.

Headnote:

(A) NEET-UG Examination, 2024 - Provisional Combined Allotment List - Petitioners challenge the allotment list dated 30.10.2024, claiming lower meritorious candidates were favored over them - Notification dated 23.10.2024 provided limited time for document verification, leading to grievances - Court noted that the petitioners were aware of the schedule and failed to participate in the verification process - The court emphasized that merit should be the sole criterion for admission, but procedural lapses cannot undermine the selection process. (Paras 3, 11, 19.6, 22)

(B) Admission Procedure - The court ruled that the admission process was fair and transparent, and the petitioners did not have a locus standi to challenge the procedure at this stage. (Paras 13, 14, 20)

JUDGMENT :

SAMEER JAIN, J.

1. Learned counsel for the petitioner has filed an application, with amended cause title. For the reasons stated therein, the said application is allowed. Amended cause title is taken on record.

2. Considering the akin factual matrix of the instant petitions and for efficacious and expeditious disposal, the instant bunch of petitions are taken up together.

3. The lead file S.B. Civil Writ Petition No. 16990/2024 is filed with the following prayers (remaining petitions also have similar prayers with mutatis mutandis changes):

    “(i) By appropriate writ, order or direction, the provisional combined allotment list dated 30.10.2024 may be quashed and set aside to the extent of granting admission to lower meritorious candidates then Petitioners and Respondents may be directed to consider the candidature of Petitioners for the purpose of admission in NEET UG-2024 for stray round of vacancies.

    (ii) By an appropriate writ, order or direction, the notification dated 23.10.2024 may be quashed and set aside to the extent of providing limited window of three hours for the purpose of document verification on 28.10.2024 and Respondents may be directed to conduct the exercise of document verification for the purpose of admission of petitioners in NEET UG-2024.

    (iii) By an appropriate, writ order or directions, after revising the merit, Respondents may be directed to allot grant admission to the Petitioners as per their merits.

    (iv) By appropriate writ, order or direction, the Respondents may be directed to cancel the admission of private Respondents as they are lower meritorious then the Petitioners and also cancel the admission of candidates (private Respondents) who are otherwise outside the State of Rajasthan.

    (v) Any other order or direction, which this Hon’ble Court may deems just and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner.”

4. The instant judgment shall be applicable upon the instant bunch of petitions on mutatis mutandis basis.

5. Learned counsel for the petitioners have submitted that the petitioners are students who have participated in NEET-UG Examination, 2024. It is further submitted that by way of a public notice dated 09.02.2024, applications for NEET-UG Examination, 2024 were invited by the respondents. The said examination was conducted by respondent-NTA, and the said authority had also released the schedule for online applications and other relevant dates vide notification dated 05.05.2024.

6. Thereafter, the result for said examination was released on 26.07.2024 along with an Information Booklet qua NEET-UG Examination, 2024 (MBBS, BDS). Subsequently, notification dated 27.08.2024 was issued stating that in continuation to the earlier notification, schedule stated therein shall be followed for the remaining allotment procedure. The said notification categorically states that 15 per cent of seats will be reserved for all India basis and 85 per cent of seats will be for the State candidates.

7. It is further contended that in light of the NEET-UG (Medical/Dental) Counseling, 2024 (MBBS/BDS) - Stray Vacancy Round Notification dated 23.10.2024 (Annexure-2) three rounds of counseling were scheduled. For the sake of brevity, the said schedule from notification dated 23.10.2024 is reproduced herein-below:

Schedule (Stray Vacancy Round)

Application from (Registration)

From 24.10.2024

Start date for filling of on-line application form and deposition of required application fee:

It is a mandatory step for subsequent process.

Both the parts (Part 1 and Part 2) of the application form must be filled and completed.

Candidates who could not complete both the parts (Part 1 and 2) of the application form earlier, may also complete the same.

Those who are already registered earlier need not register again.

Note: Candidates who exited with forfeiture of security amount in Round 2 allotment and not register

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