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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
INDERJEET SINGH, VINOD KUMAR BHARWANI, JJ.
Kailash Choudhary Son Of Shri Teja Ram Choudhary - Appellant
Vs.
Chairman, Neet (U.G.) - Respondent
D.B. Special Appeal Writ No. 715 Of 2024
Decided On : 27-01-2025
(A) National Eligibility-cum-Entrance Test (NEET-UG) - Reservation for wards of Defence and Paramilitary Personnel - The appellant challenged the dismissal of his writ petition regarding Clause 5.e of the NEET-UG notification concerning reservation for wards of Gallantry awardee personnel. The court upheld the priority order for reservations as per government directives, noting no separate category for Gallantry awardees in the Para-Military personnel list. (Paras 14.1 to 16)
(B) Judicial Review - The court emphasized that it cannot interfere with the policy decisions made by the authorities regarding reservation categories unless there is a clear violation of rights or malafide intent. (Paras 15 and 16)
Facts of the case:
The appellant, a ward of Gallantry awardee Para-Military personnel, contested the reservation policy for NEET-UG-2024, claiming discrimination due to lack of priority for his category.
Findings of Court:
The court found no merit in the petitioner's claims, affirming the priority categories established by the authorities.
Issues: The main issues included the validity of the reservation policy and whether the appellant was discriminated against.
Ratio Decidendi: The court ruled that participation in the admission process precludes the appellant from challenging the reservation policy post-results, reinforcing the principle that candidates cannot question selection processes after participating.
Result: Appeal dismissed.
| Table of Content |
|---|
| 1. appellant challenges neet reservation (Para 1 , 2 , 3) |
| 2. court reviews reservation policy (Para 4 , 5 , 6 , 7 , 8) |
| 3. appeal dismissed (Para 9 , 10) |
Order :
1. This appeal has been filed on behalf of the appellant challenging the judgment and order dated 21.11.2024 passed by the learned Single Judge in S. B. Civil Writ Petition No.14694/2024 whereby the aforesaid writ petition was dismissed by the learned Single Judge.
2. Brief facts of the case are that in pursuance of the Public Notice dated 09.02.2024, the appellant submitted an application for the National Eligibility-cum-Entrance Test (NEET-UG, 2024). The appellant-petitioner in the writ petition challenged ‘Clause 5.e’ of the said notification with regard to reservation to the wards of Defence Personnel and Paramilitary Personnel.
3. Learned Single Judge while dismissing the writ petition filed on behalf of the appellant-petitioner held as under:-
“14. Upon considering the arguments advanced by the learned counsel for the parties, an assiduous scanning of records and judgments cited at Bar, this Court is of the following stance:
14.1 That the instant matter pertains to considering the petitioners’ candidature under 1% quota assigned to wards of Gallantry awardee Military and Para-Military personnel for admissions under NEET UG-2024 examination.
14.2 That the petitioner is a ward of Gallantry awardee Para-Military personnel.
14.3 That for NEET UG-2021, an information booklet was issued, whereby nine categories of reservation in pari materia form qua wards of Military and Para Military personnel were spelled out qua 1%reservation (Annexure-3).
14.4 Qua information bulletin pertaining to NEET UG-2024 following priority order for Defence personnel of Military and Para- military forces were spelled out, which is reproduced as under:-
“As per letter no. 6(1)/2017/D (Res. II), dated 19.05.2017 and it’s subsequent amendments in Nov. 2017 and 21.05.2018 issued by Dept. of Ex- serviceman welfare, of Govt. of India and SOP letter No.370/Adm./MBBS/BDS/c, dated 01.07.2020 of Kendriya Sainik Kalyan Board, Ministry of Defense, Govt. of India, priority order (certificate proforma 1) for Defence personnel of Rajasthan origin, will be as follows: 1. Widows/Wards of Defence Personnel killed in action. 2. Wards of those Disabled in action and boarded out from service. 3. Widows/Wards of those Defence personnel who died while in service with death attributable to military service. 4. Wards of those Disabled in service and boarded out with disability attributable to military service. 5. Wards of ex- service men and serving personnel who are in receipt of Gallantry Award. 6. Wards of ex-service men. 7. Wives of (i) defence personnel killed in action and boarded out from services (ii) defence personnel disabled in service and boarded out with disability attributable to military services (iii) ex- servicemen and serving personnel who are in receipt of Gallantry Award 8. Wards of serving personnel 9. Wives of serving personnel As per the letter no.F25/SKV/2022/13423-30 dated 13.10.2022 of Sainik Kalyan Vibhag, Govt. of Rajasthan, the para-military seat is admissible for only one member of the family once in life time. According to the MHA (Ministry of Home Affairs), only wards of Para- military personnel from serial 1 to 3 below are eligible for the scheme. Priority order (certificate proforma 2) for Para- military personnel of Rajasthan origin, will be as follows: 1. Wards/Widows/Wives of those paramilitary personnel killed in action. 2. Wards/Widows/Wives of those Para-military personnel permanently disabled in action and boarded out from service. 3. Wards of All serving and retired personnel.”
14.5 That the State Counseling Board have to act upon the directions of competent authority under CISF/CAPF or Para- Military forces and as per advisory letter dated 06.06.2024 (Annexure- AA/2), wherein only three categories of priority as per given sequence were directed to be contained in the in
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