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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 15786/2023

Kalpit Sharma S/o Shri Satish Sharma, Aged About 19 Years,

Resident Of Plot No. 38, Sundar Vihar, Goner Road, Jaipur

----Petitioner

Versus

1.

State Of Rajasthan, Through The Principal Secretary,

Medical Education Department, Government Secretariat,

Jaipur.

2.

Neet Ug Medical And Dental Admission / Counseling

Board-2023, Through Its Chairman Having Its Office At

Ruhs College Of Dental Sciences (Dental College), Jaipur.

3.

National Medical Commission, Through Its Secretary,

Pocket-14, Sector-8, Dwarka, Phase-I, New Delhi

4.

Jnu Institute For Medical Sciences And Research Centre,

Jaipur Through Its Principal And Controller

5.

Jaipur National University, Through Its Vice Chancellor

Having Its Office At Jagatpura, Jaipur-302017 (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Tanveer Ahamad

For Respondent(s)

:

Dr. V.B. Sharma, AAG

Mr. Angad Mirdha, Adv.

Mr. Rishabh Khandelwal

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

18/10/2023

The petitioner appeared in NEET UG 2023 seeking admission

for MBBS course. When the petitioner was denied admission after

third round of counselling by the respondent No.5, Jaipur National

University (hereinafter to be referred as University), then the

petitioner approached this Court by filing the present writ petition

whereby on 30.09.2023, this Court passed the following order:-

“1. The instant petition has been filed under

Article 226 of the Constitution of India,

invoking the extra ordinary jurisdiction of

this Court, as against the purported

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violation of the petitioner’s rights enshrined

under Articles 14, 16, 19 and 21 of the

Constitution.

2. The concise factual matrix, necessary for

discerning the lis in question, is noted

herein-under:-

2.1 That admissions in the M.B.B.S. Course

are made through NEET UG 2023.

2.2 That the petitioner participated in the

said examination and secured 214 marks,

which resulted into him being placed at an

All India Rank of 667120.

2.3 That the petitioner also submitted an

online application form for counseling

through NEET UG Medical & Dental

Admission/Counseling Board 2023 for the

colleges situated in Rajasthan.

2.4 That in pursuance thereof, the

petitioner was allotted a General Seat at the

JNU Institute of Medical Sciences and

Research Centre, Jaipur (hereinafter,

respondent-Institute), in the third round of

counseling.

2.5 That the prior to the allocation of a

General Seat in the third round at the

respondent-institute, the petitioner had

deposited the requisite fees as well as the

required original documents at the SMS

Medical College, which were eventually

transferred, by way of due procedure, to

the respondent-Institute.

2.6 That in exclusion of the fee so deposited

and in furtherance thereof, the respondent-

institute was adamant and insisted the

petitioner upon the deposition of hostel

fees, quoting the same to be mandatory in

nature.

2.7 That being aggrieved of the said

demand for deposition of hostel fee, which

as per the petitioner is optional juxtaposed

to the respondent-Institute’s demand of the

same being mandatory, the petitioner along

with other aggrieved students, preferred an

application/representation before the Chief

Secretary (marked as Annexure-11).

2.8 That subsequent to the said

representation so preferred, the petitioner

was ultimately issued a letter dated

21.09.2023, via e-mail, which came in the

knowledge of the petitioner on 22.09.2023.

In the said letter, the deficiencies in the

petitioners allotment were highlighted

including the non-payment of hostel fee.

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2.9 That upon further non-deposition of the

hostel fee, the petitioner was verbally

informed by the respondent-Ins