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IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, VIKAS BUDHWAR, JJ.
Jigyasa Tiwari (Minor) - Petitioner
Versus
State of U.P. and Others - Respondents
Civil Misc. Writ (C) Petition No. 23323 of 2019
Decided On : 13-05-2022
Constitution of India, 1950 - Article 14 - Equality before law - Perpetuation of same on makeshift arrangement - Beseeching bizarre persecution a medical intern has petitioned before this Court seeking judicial avowal of eligibility deficiency opportune to admission in M.B.B.S. course and perpetuation of same on makeshift arrangement - Whether petitioner is eligible and enjoys desirable qualification for being considered under 1% quota earmarked for NCC candidates by mode of Horizontal Reservation - Whether High Court in garb of judicial review can adorn the chair of rule enacting authority to decide educational qualifications - Whether petitioner is entitled to benefit of interim order so granted by this Court permitting her to pursue M.B.B.S. course till its terminal destination - It is a consistent law right from very inception that Courts in rarest of rare case can grant interim protection in admission matters, when they are convinced that no injustice would be meted to other party and petitioner, who has approached Court for grant of interim protection in admission matter has an cast iron case (Para 46).
Finding of the Court :
Court finds that petitioner had been maintaining inconsistent stand right from very inception as at one time, she claims to have applied under unreserved category and also under NCC category, which is under horizontal reservation category - Mere continuance of any interim order does not create any right or benefit, particularly, in matter of admission in present sets of facts, wherein the issue relates to the MBBS Course, whereat merit is of the paramount consideration - Mere continuance on basis of interim order while pursuing the MBBS Course does not create an equity or sympathy in favour of petitioner - Even otherwise petitioner is not entitled to any relief in view of fact that petitioner blew hot and cold and approbated and reprobated at the same time.
Results : Dismissed.
JUDGMENT :
Vikas Budhwar, J.
| Contents | |
| PRECLUDE | 2 |
| ARGUMENT OF THE PETITIONER | 10 |
| ARGUMENT OF RESPONDENTS | 11 |
| REPLICATION ON BEHALF OF PETITIONER | 13 |
| QUESTION OF DETERMINATION | 13 |
| SYMPOSIUM | 13 |
| SUMMATION | 34 |
| CONCLUSION | 34 |
1. Heard Sri Swapnil Kumar and Sri Amrendra Pratap Singh, learned counsels for the petitioner, Sri Mahendra Pratrap, learned counsel for the respondent no. 2 as well as Sri Sharad Srivastava, learned Standing Counsel.
PRELUDE
2. Beseeching bizarre persecution a medical intern has petitioned before this Court seeking judicial avowal of the eligibility deficiency opportune to admission in M.B.B.S. course and perpetuation of the same on makeshift arrangement.
3. Factual matrix as worded in the writ petition is that on 17.06.2019 a Government Order bearing no. 985/71-4-2019-07-2018 was issued by respondent no. 1 addressed to respondent no. 2 setting out the criteria pertaining to admission in M.B.B.S./B.D.S. courses for the academic session 2019-2020.
4. Thereafter, in continuation of the same, the respondent no. 2 issued National Eligibility Cum Entrance Test (NEET) U.G. Counseling-2019 (Brochure) clearly providing the criteria for the purposes of taking of admission referable to the M.B.B.S. and B.D.S. courses. The relevant extract of the conditions pertaining to eligibility and qualifications as set out in the Government Order and the Brochure is being quoted hereinunder :-
"(1). Eligibility to appear in NEET (UG) - 2019
Eligibility to appear in NEET (UG) is as stipulated in Indian Medical Council Act-1956 and the Dentists Act- 1948 as amended in 2018.
i. He/she has completed age of 17 years at the time to admission or will complete the age on or before 31st December of the year of his/her admission to the 1st year MBBS/BDS Courses.
ii. The upper age limit for NEET (UG) is 25 years as on the date of examination with relaxation of 5 years for the candidates belonging to SC/ST/OBC category and persons entitled for reservation under the Rights of Persons with Disabilities Act, 2016.
The Age criteria for appearing in NEET (UG)- 2019 is as follows :
| For Candidates of Unreserved Category (UR) | born on or between 05.05.1994 and 31.12.2002 |
| For Candidates of SC/ST/PwD Category | born on or between 05.05.1989 and 31.12.2002 |
Qualifications and Qualifying Examination Codes
| CODE : 01 | A candidate who is appearing in the qualifying examination, i.e., 12th Standard in 2019, whose result is awaited, may apply and take up the said test but he/she shall not be eligible for admission to the MBBS or BDS, if, he /she does not pass the qualifying examination with the request pass percentage of marks at the time of first round or Counselling. |
| OR | |
| CODE : 2 | The Higher/Senior Secondary Examination or the Indian School Certificate Examination which is equivalent to 10+2 Higher/Senior Secondary Examination after a period of 12 years study, the last two years of such study comprising of Physics, Chemistry, Biology/Bio-technology (which shall include practical tests in these subjects) and Mathematics or any other elective subject with English at a level not less that the core course for English as prescribed by the National Council of Education Research and Training after introduction of the 10+2+3 educational structure as recommended by the National Committee on Education. Candidates who ha passed 10+2 from Open School or as private candidates shall not be eligible to appear for ''National Eligibility Cum Entrance Test'. Furthermore, study of Biology Biotechnology as an Additional Subject at 10+2 level also shall not be permissible. The proviso in italics has been subject matter of challenge before the Hon'ble High Court of Delhi, Hon'ble High Court of Allahabad. Lucknow Bench and Hon'ble High Court of Madhya |
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