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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
(1) S.B. Civil Writ Petition No. 8864/2025
Vikas Vishnoi S/o Shri Kishana Ram, Aged About 24 Years, Resident Of Digaon, Jalore, Kardan, Rajasthan.
----Petitioner
Versus
1. Controller Of Examinations, Rajasthan University Of Health Sciences, Jaipur.
2. Principal And Controller, Government Medical College, Pali (Raj.).
3. Director, National Medical Commission, Government Of India, New Delhi.
----Respondents
Connected With
(2) S.B. Civil Writ Petition No. 8763/2025
Vikas Bishnoi S/o Om Prakash Bishnoi, Aged About 24 Years, Resident Of Mokhatara (Bisnoi Ki Dhani), Sewara, Jalore, Rajasthan.
----Petitioner
Versus
1. National Medical Commission, Through Its Director, Under Graduate Medical Examination Board, National Medical Commission, Government Of India.
2. The State Of Rajasthan, Through Its Principal Secretary, Department Of Health And Family Welfare Govt. Of Rajasthan, Room No. 2202 Main Building Government Secretariat, Jaipur - 302005.
3. Rajasthan University Of Health Science, Through Its Registrar, Sector 18 Rd, Kumbha Marg, Sector 11, Pratap Nagar, Jaipur, Rajasthan 302033
4. Dr. B.R. Ambedkar Government Medical College And Hospital, Sirohi (Rajasthan) Through Its Principal And Controller.
----Respondents
(3) S.B. Civil Writ Petition No. 8773/2025
Lokesh Kumar Khichar S/o Mohan Lal Khichar, Aged About 23 Years, Resident Of Jaato Ka Vaas, Dadrewa, Churu, Rajasthan.
----Petitioner
Versus
1. National Medical Commission, Through Its Director, Under Graduate Medical Examination Board, National Medical Commission, Government Of India.
2. State Of Rajasthan, Through Its Principal Secretary, Department Of Health And Family Welfare Govt. Of Rajasthan, Room No. 2202 Main Building Government Secretariat, Jaipur - 302005.
3. Rajasthan University Of Health Science, Through Its Registrar, Sector 18 Rd, Kumbha Marg, Sector 11, Pratap Nagar, Jaipur, Rajasthan 302033.
4. Dr. B.R. Ambedkar Government Medical College And Hospital, Sirohi (Rajasthan) Through Its Principal And Controller.
----Respondents
(4) S.B. Civil Writ Petition No. 9177/2025
Nirmal Seervi S/o Shri Bhawar Lal, Aged About 22 Years, R/o Bera - Matawa, Village Musaliya, Sojat City, District Pali, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary, Department Of Health And Family Welfare Govt. Of Rajasthan, Government Of Rajasthan, Jaipur.
2. National Medical Commission, Through Its Director, Under Graduate Medical Examination Board, National Medical Commission, Government Of India.
3. Rajasthan University Of Health Science, Through Its Registrar, Jaipur.
4. Dr. B.R. Ambedkar Government Medical College And Hospital, Sirohi (Rajasthan), Through Its Principal And Controller.
----Respondents
(5) S.B. Civil Writ Petition No. 9476/2025
Himanshu Joshi S/o Dwarka Prasad, Aged About 30 Years, R/o Bichala Bas Ward No.8, Gogasar Ratangarh District Churu.
----Petitioner
Versus
1. National Medical Commission, Through Its Director, Under Graduate Medical Examination Board, National Medical Commission, Government Of India.
2. State Of Rajasthan, Through Its Principal Secretary, Department Of Health And Family Welfare Govt. Of Rajasthan, Room No. 2202 Main Building Government Secretariat, Jaipur - 302005.
3. Rajasthan University Of Health Science, Through Its Registrar, Sector 18 Rd, Kumbha Marg, Sector 11, Pratap Nagar, Jaipur, Rajasthan 302033.
4. Dr. B.R. Ambedkar Government Medical College And Hospital, Sirohi (Rajasthan) Through Its Principal And Controller.
----Respondents
(6) S.B. Civil Writ Petition No. 9550/2025
Bhagirath Ram S/o Shri Kishna Ram, Aged About 26 Years, Resident Of Vtc Meghawa Po Sanchore, Jalore, Rajasthan.
----Petitioner
Versus
1. Controller Of Examinations, Rajasthan University Of Health Sciences, Jaipur.
2. Principal And Controller, Dr. S.N. Medical College And Associated Group Of Hospitals, Jodhpur (Raj).
3. Director, National Medical Commission, Government Of India, New Delhi.
----Respondents
(7) S.B. Civil Writ Petition No. 9594/2025
Chetan Ram S/o Shri Rama Ram, Aged About 23 Years, Resident Of Village Lakhasar, Post Sodiyar, Tehsil Chohtan, District Barmer (Raj.).
----Petitioner
Versus
1. National Medical Commission, Pocket-14, Sector-8,
Dwarka Phase-I, New Delhi - 110077, Through The Secretary.
2. The Director, Under-Graduate Medical Entrance Board, National Commission, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi - 110077.
3. State Of Rajasthan, Through The Secretary, Department Of Education Government Of Rajasthan, Secretariat, Jaipur.
4. The Director, Rajasthan Medical Education Society, Jaipur.
5. Rajasthan University Of Health Sciences, Secotr-18, Kumbha Marg, Pratap Nagar, Sanganer, Jaipur (Raj.), Through The Registrar.
6. The Principal And Controller, Government Medical College, Barmer.
----Respondents
For Petitioner(s) : Mr. Divik Mathur with Mr. Mayank Rajpurohit, Mr. Saurabh Rajpurohit for Mr. Ramdev Rajpurohit, Mr. Pankaj Choudhary, Mr. Mrinal Khatri and Mr. Naresh Kumar Bishnoi for Mr. S.K. Verma, Mr. Deepak Nehra
For Respondent(s) : Mr. N.S. Rajpurohit, AAG assisted by Ms. Rakhi Choudhary, Mr. Siddharth Tatia for National Medical Commission, Ms. Akshiti Singhvi for Rajasthan University for Health Science
JUSTICE DINESH MEHTA
JUDGMENT
REPORTABLE 23/05/2025
1. By way of this bunch of writ petitions, the petitioners have approached this Court feeling aggrieved of the order(s) of suspension, which their respective colleges have passed pursuant to the directions issued by the respondent – National Medical Commission (hereinafter referred to as the NMC’).
2. Short of unwarranted details, briefly stated facts appertain are that there is allegation against each of the petitioners that they impersonated other candidates in NEET UG Examination - 2023; some of them have been caught red handed while others were found involved in impersonation consequent to the investigation, which the investigating officers had carried out.
3. Against each of the petitioners, FIRs have been lodged; inquiry is underway or the charge-sheet has been filed. Some of them have been charge-sheeted and in remaining cases, charge sheet is yet to be filed.
4. While maintaining that the petitioners have been wrongly implicated, learned counsel for the petitioners argued that even if it is assumed that they were guilty of impersonating for the candidates appearing in NEET UG Examination, they cannot be suspended from their college(s), as there is no enabling provision in any statute. Learned counsel submitted that ‘the Public Examination (Prevention of Unfair Means) Act, 2024 (hereinafter referred to as the Act of 2024’) though provides for punishment but does not contain any provision for suspension from the college(s).
5. Learned counsel submitted that somewhat similar Regulations have been promulgated by the Central Government in the name of Prevention and Prohibition of Ragging in Medical Colleges and Institutions Regulations, 2021 (hereinafter referred to as the Regulations, 2021’)’ and Regulation No.24 thereof provides for suspension from attending classes and academicprivileges, withholding or withdrawing scholarship and other benefits, but so far as accusation of appearing as imposters in the examination is concerned, no statute provides for suspension or other like action.
6. Learned counsel argued that the trial of the case(s) shall take substantial time and until the case(s) are tried and finally decided, the petitioners cannot be kept suspended, particularly when there is no provision for holding or conducting inquiry in this regard.
7. Learned counsel further submitted that even if the college(s) or the NMC conducts an inquiry, it has no material or evidence either to hold the petitioners guilty or to hold them innocent, because the entire material is with the police or the investigating agencies. They, therefore, submitted that the petitioners’ suspension be quashed and they be allowed to attend the classes and appear in the examination and complete their courses, in accordance with law.
8. Mr. Siddharth Tatia, learned counsel for the NMC while vehemently opposing the petitioners’ prayer, invited Court’s attention towards the reply filed by him and submitted that the NMC has power to lay down policies for maintaining a high quality and high standards in medical education and make necessary regulations in this regard and lay down policy and codes to ensure observance of professional ethics in medical profession as per section 10(1) of the National Medical Commission Act, 2019 (hereinafter referred to as ‘the Act of 2019’).
9. He submitted that section 24 of the Act of 2019 confers powers upon Under-Graduate Medical Education Board todetermine standard of medical education at Under-Graduate level and oversee all aspects relating thereto. Drawing Court’s attention towards sub-clause (1)(i) of section 24 of the Act of 2019, he argued that said Board has power to specify norms for compulsory annual disclosures, electronically or otherwise, by medical institutions, in respect of their functions that has a bearing on the interest of all stakeholders, including students, faculty, the Commission and the Central Government.
10. Having read section 10 and 24 of the Act of 2019, learn
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