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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

[1] S.B. Civil Writ Petition No.9026/2014

Pankaj Kumar Gangwal

Versus

Rajasthan University of Health and Science & Anr.

[2] S.B. Civil Writ Petition No.9028/2014

Yogita Bhukal

Versus

Chairman, UG Admission Board

[3] S.B. Civil Writ Petition No.9095/2014

Rishab Kumar

Versus

State of Rajasthan & Ors.

[4] S.B. Civil Writ Petition No.9088/2014

Nirmal Sharma

Versus

Rajasthan University of Health Sciences & Anr.

DATE OF ORDER : 04/09/2014

HON'BLE MR. JUSTICE M.N. BHANDARI

Petitioners present in person.

Dr. Pradeep Jain, Convenor, RPMT, present in person.

Dr. Narpat Singh Shekhawat, Chairman, RPMT, present in person.

Dr. Avtar Singh Dua, Addl. Director, Medical Education, present in

person.

Dr. Ratnesh Jaswal, OIC to Convenor, present in person.

Mr. Moinuddin, Addl. OIC, RUHS, present in person.

***

Replies to the writ petitions have been submitted in the court

and are taken on record.

These writ petitions involve common questions of law thus are

decided by this common judgment.

Rajasthan Pre-Medical Test-2014 (in short “RPMT”) was

conducted by the respondents for admission to MBBS/BDS courses.

The result was challenged before this court and first RPMT

examination was cancelled by a detailed judgment. After cancellation

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of first RPMT examination, second examination was conducted as

per the order of Hon'ble Apex Court. Therein, schedule for holding

RPMT, declaration of result followed by counselling and date of

admission was modified.

The petitioners are those who remained successful in RPMT.

They applied for admission in MBBS/BDS courses through on-line

counselling. They opted for the college, out of many, in order of

preference. The admission was obviously subject to their merit

position vis a vis preference. As per option and merit of the

petitioners, they could get admission in Mahatma Gandhi Medical

College, Jaipur. As per the procedure prescribed by Rajasthan

University of Health Sciences, a candidate gets allotment of college

needs to deposit fee in time. It is to have choice to appear in the

second counselling to change the college or even the courses as

candidate getting admission in BDS course can opt for MBBS course

in second or third round of counselling subject to his/her merit. It is

however not open for those who failed to take admission in the

allotted college after first counselling. It is considered to be a default

and such a candidate is not entitled to appear in the subsequent

counselling.

In the instant case, the petitioners were allotted Mahatma

Gandhi Medical College after first round of counselling. They did not

deposit the fee on account of poor condition or due to ill-health. They

were not permitted to appear in the second counselling. The

petitioners submit that they were not knowing that heavy fee of Rs.7

lac apart from bank guarantee would be required for admission.

Looking to their financial condition, they were unable to take

admission. In the case of Yogita Bhukal, she fell ill thus unable to get

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admission in Mahatma Gandhi Medical College. Prayer is

accordingly made to allow the petitioners to appear in third

counselling.

It is further stated that when first counselling was held, 100

seats of new Medical College under Rajasthan University of Health

Sciences, Jaipur were included. The petitioners could not make

choice out of those 100 seats and in second round of counselling, a

candidate with less merit could get admission against free seat or in

government medical college. It has caused discrimination to the

petitioners.

The respondents, on the other hand, submit that a candidate

who is selected and allotted particular Medical College for

BDS/MBBS courses needs to deposit fee to become eligible for

subsequent counselling. It is as per guidelines issued to all

concerned. A candidate