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Judgment
The instant writ petition has been filed by the petitioner for seeking a direction to permit her to participate in Mop-up round/residuary seats in NEET PG Counselling.
Learned counsel for the petitioner submitted that the petitioner, after being declared successful in the NEET PG Examination, 2020, participated in second round of State Counselling and she was allotted seat in Medical College, Jhalawar in the subject of Anatomy vide allotment letter dt.24th July, 2020.
Learned counsel submitted that the petitioner was allowed her choice No.111 and prior to choice No.111, 55 seats were vacant but the same were not allotted to the petitioner.
Learned counsel submitted that the petitioner had no option except to deposit the fee in Medical College, Jhalawar on 28 th July, 2020 and later on, the petitioner came to know that the respondents issued notice dt.24th July, 2020 for participation in the Mop-up round and the candidates, who got seat in round No.2, were not eligible to participate in the Mop-up round and as such the petitioner had no option but to continue at Medical College, Jhalawar in pursuance of second round of counselling.
Learned counsel for the petitioner submitted that the respondents published seat matrix of Mop-up Round and perusal of the same shows that 55 seats, which were vacant in second round of counselling, were not allotted to the petitioner and the said seats are filled up through counselling either by the candidates who are less meritorious or who had not submitted registration in a proper manner in Mop-up/residuary round.
Learned counsel submitted that the petitioner has wrongly been excluded from consideration of her choice in Mop-up round and against residuary seats. Learned counsel for the petitioner submitted that after Mop-up round was completed on 31 st July, 2020, seats of MS (Anatomy) was available in RNT Medical College, Udaipur and even after completing the Mop-up round for residuary seats, the respondents still have two seats at RNT Medical College, Udaipur in MS (Anatomy).
Learned counsel submitted that the petitioner ought to be given chance to exercise her option to join at RNT Medical College, Udaipur, as she belongs to Udaipur and she has merit for allotment against such seat.
Learned counsel submitted that the petitioner had filed the writ petition on 31st July, 2020 and as such she had approached this Court without any delay and as such this Court may take proper cognizance against the illegal action of the respondents and accordingly, the seat may be allotted to the petitioner.
Learned counsel further submitted that two seats, which are lying vacant in MS (Anatomy) in RNT Medical College, Udaipur can go waste and if the petitioner has merit and choice, she is required to be considered against the same.
Learned counsel further submitted that against the admission, which has been granted to the petitioner at Medical College, Jhalawar in MS (Anatomy), she is prepared to pay even the amount of Rs.5,00,000/-, as bond has been executed by the petitioner for leaving the said course.
Learned counsel submitted that the seat, which will be left vacant by the petitioner at Medical College, Jhalawar, will not go waste and the same can be allotted by the respective Medical College as residuary seat.
Learned counsel further submitted that there is already one seat of MS (Anatomy) vacant at Medical College, Jhalawar and the respondents can add one seat to be vacated by the petitioner in tally of vacant seats and the other candidates, who desire to offer such seat, can be considered.
Mr. Harshal Tholia, Adv., learned counsel for the respondents, submitted that the respondents have not committed any illegality in allotting the seat to the petitioner, as per her merit and choice at the relevant time in second round of counselling.
Learned counsel submitted that the seat matrix was available to all the candidates on 24th July, 2020 and if any candidate had grievance, the same could have been redressed on the next date, as per the option given to all the candidates.
Learned counsel submitted that the respondents had shown the correct seat matrix to all the candidates, however, the date of resignation was extended to 26th July, 2020 and as such, if any candidate has not joined or resigned, the allotment of seat by 26 th July, 2020 and the seat having become vacant on that account, cannot be a ground to allot the seat to the petitioner at RNT Medical College, Udaipur.
Learned counsel also submitted that the authorities have already concluded Mop-up round on 31st July, 2020 and as such this Court may not interfere at this stage in the allotment of seats, as right of different candidates has already been crystallized.
Learned counsel also submitted that this Court in S.B.Civil Writ Petition No.8190/2020 (Dr. Prerna Bhaskar & Ors. Vs. State of Rajasthan & Ors.) and other connected writ petitions decided by common order dt.14 th August, 2020 has not entertained claim of the candidates, who had come after second round of counselling was over.
Learned counsel submitted that this Court in S.B.Civil Writ Petition No.7848/2020 (Dr. Neelam Saini & Anr. Vs. State of Rajasthan & Ors.) and other connected writ petition decided by common order dt. 29th July, 2020 had directed to consider the cases of those candidates, who had come before the Mop-up round and admissions which were already made, were not disturbed by this Court.
Learned counsel for the respondents, on the basis of the judgment in the case of Dr.Prerna Bhaskar (supra), submitted that the present writ petition is required to be dismissed.
I have heard the submissions made by learned counsel for the parties and perused the material available on record.
This Court finds that the petitioner has already been allotted seat in MS (Anatomy) in Medical College, Jhalawar and she had joined the said course. This Court further finds that the Mop-up round has already been conducted by the respondents on 31 st July, 2020.
This Court finds that the Apex Court has extended the date of counselling by any means by 31 st August, 2020 and after completing the Mop-up round, the respondents are going to fill the residuary seats through respective colleges on the basis of merit.
This Court further finds that in the case of Dr.Prerna Bhaskar (supra) a view has been taken by this Court that if the Mop-up round for allotment of seat is over, this Court cannot permit the petitioners to rake up the issue again for unsettling the allotment of seats, which have already been concluded in second round of counselling and later on in the Mop-up round.
The operative portion of the order passed by this Court in the case of Dr.Prerna Bhaskar (supra) is quoted hereunder:-
"This Court further finds that the Mop-up round for allotment of seat is over, this Court cannot permit the petitioners to rake up the issue again for unsettling the allotment of seats, which have already been concluded in second round of counselling and later on in the Mop-up round.
The reliance on the judgment in the case of Dr.Neelam Saini & Anr. (supra) by learned counsel for the petitioners, is not applicable in the present facts of the case.
This Court further finds that approaching the Court for raising the grievance in the matter relating to admission in PG Medical Courses, the delay is vital part to be considered for granting the relief, as it involves rights of other candidates, who may not be present before this Court."
The submission of learned counsel for the petitioner that since seat at RNT Medical College, Udaipur in MS (Anatomy) is still available and the petitioner can be allotted such seat, suffice it to say that the petitioner, who has already been granted permission in second round of counselling in Government Medical College, Jhalawar in MS (Anatomy) will now leave the said seat and again the respondents would have to carry out the exercise of filling the said seat. This kind of endless exercise, in fact, results into not only administrative difficulty but also affects the rights of the candidates, who have already admitted or yet to be admitted, as per their preference and merit.
The submission of learned counsel for the petitioner that the petitioner is prepared to pay the amount of bond to the respondents to compensate them, suffice it to say that it is not the money, which ultimately will compensate the State or other candidate, who might have got admission but it is career of the other candidates, who want to pursue their studies and getting admission in PG Course is itself a difficult task and as such the settled things should not be unsettled by the Court at last juncture.
Accordingly, this Court finds that no interference is called for in the present writ petition, hence the same is dismissed.