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2023 Supreme(Online)(RAJ) 16606
HIGH COURT OF RAJASTHAN
ARUN BHANSALI
BHUSARI VAIBHAVI VILAS – Appellant
Versus
THE UG/PG AYUSH COUNSELING BOARD – Respondent
CW/10094/2022
A candidate who has applied for admission to a course under a particular category cannot subsequently change their category and be considered for admission under a different category, especially when they have obtained marks less than the minimum qualifying marks prescribed for the category under which they had applied.
Headnote:
NEET-UG - Change of Category - Ineligibility - Non-Filling of College Choice - Fatal
Fact of the Case:
The petitioner, who had applied for admission to the BAMS course under the EWS category in the NEET-UG Examination-2021, sought to change her category to OBC-NCL and be considered for admission under that category, claiming that she had inadvertently mentioned her category as EWS. The petitioner also claimed that she had not filled up the choice of college in the application form.
Finding of the Court:
The court held that the petitioner was ineligible for admission as she had obtained marks less than the minimum qualifying marks prescribed for the EWS category. The court also held that the petitioner's failure to fill up the choice of college in the application form was fatal to her claim for admission.
Issues: 1. Whether the petitioner was eligible for admission to the BAMS course under the OBC-NCL category despite having applied under the EWS category.2. Whether the petitioner's failure to fill up the choice of college in the application form was fatal to her claim for admission.
Ratio Decidendi: 1. The court held that the petitioner was ineligible for admission as she had obtained marks less than the minimum qualifying marks prescribed for the EWS category. The court relied on the eligibility criteria for admission to the BAMS course, which required a candidate to have obtained a minimum of 50% marks in Physics, Chemistry, and Biology in case the candidate belonged to the General/EWS category.2. The court held that the petitioner's failure to fill up the choice of college in the application form was fatal to her claim for admission. The court relied on its decision in another writ petition, Nivedita v. The UG/PG AYUSH Counselling Board, Rajasthan & Ors.: SBCW No.10064/2022, in which it had held that non-filling up of the choice of college is fatal and that a candidate cannot be accorded admission after the cut-off date prescribed by the National Commission for Indian System of Medicine.
Final Decision: The court dismissed the petitioner's writ petition.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10094/2022
Bhusari Vaibhavi Vilas D/o Vilas Manohar Rao Bhusari, Aged
About 20 Years, Ward N. 6, In Front Of Old Govt. Hospital, Deoli,
Wardha, Maharashtra.
----Petitioner
Versus
1.
The UG/PG AYUSH Counselling Board, Rajasthan, 112-
113, 1St Floor, Administrative Building, Dr. Sarvapalli
Radha Krishnan Rajasthan Ayurved University, Nagaur
Road, Karwar, Jodhpur through Its Chairman.
2.
The National Commission for Indian System of Medicine,
Ministry of AYUSH, Government of India, 61-65,
Institutional Area, Janakpuri, Nd-Block, New Delhi-
110058 through Its Secretary.
3.
The State Of Rajasthan, through The Principal Secretary,
Department of Ayurved And Indian Medicine, Government
Of Rajasthan, Secretariat, Jaipur.
4.
Jyoti Vidyapeeth Women's University, Vedaant Gyan
Valley, Village Jharna, Mahala Jobner Link Road, Nh-8
Jaipur Ajmer Express Way, Jaipur, Rajasthan through Its
Registrar.
----Respondents
For Petitioner(s)
:
Mr. Mahipal Rajpurohit.
For Respondent(s)
:
Mr. A.K. Gaur, AAG with
Mr. Salman Agha.
Mr. Shreyansh Bhandawat for
Mr. Sandeep Bhandawat.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
10/01/2023
This writ petition has been filed by the petitioner seeking a
direction to the respondent No.1 to change the category of the
petitioner to OBC-NCL and consider the candidature of the
petitioner for admission in the BAMS Course-2021 in respondent
No.4-University by treating her eligible under OBL-NCL category
and permit her to join the course for the Academic Session-2021-
22 at respondent No.4-University.
(2 of 5)
[CW-10094/2022]
It is, inter alia, indicated in the writ petition that the
petitioner had obtained 48.66% marks in Physics, Chemistry and
Biology, the petitioner appeared in NEET-UG Examination-2021
and was declared successful, the petitioner secured All India Rank
of 572568 and Category Rank of 63908. It is claimed that
inadvertently the petitioner mentioned her category in NEET-UG-
2021 as General (EWS).
Pursuant to the programme of counseling issued by
respondent No.1-Counselling Board, the petitioner got herself
registered with the Counselling Board. It is claimed that
again the petitioner mentioned her category inadvertently as
General (EWS).
Submissions have been made that as per the eligibility
criteria for admission in BAMS course, a candidate must be NEET
qualified and must have minimum 50% marks in subject-Physics,
Chemistry and Biology in case the candidate belongs to
General/EWS category and 40% marks in case the candidate
belongs to OBC-NCL category. The petitioner claims to have
participated in the Stray Vacancy Round Schedule, however, as the
petitioner has less marks than the eligibility criteria of minimum
marks, she was not eligible.
The present writ petition has been filed, inter alia, with the
submissions that the petitioner may be permitted to change her
category from EWS to OBC-NCL as the petitioner belongs to the
said category and as per the marks obtained by her, she may be
accorded admission as seats are lying vacant at respondent No.4-
University.
(3 of 5)
[CW-10094/2022]
A reply to the petition has been filed by the respondent No.3,
inter alia, indicating that as the petitioner, has obtained marks less
than the eligibility cut-off in the category, she has applied, she is
ineligible for being accorded admission.
Further submissions have been made that as the petitioner
did not fill-up choice of the college in the application form, on that
count also, the petitioner has been held ineligible and her fee has
already been refunded.
Learned counsel for the petitioner made submissions that
action of the respondents in denying admission to the petitioner,
by continuing to treat her as EWS candidate though the petitioner,
belongs to OBC-NCL category, is
