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Judgment
This petition has been filed praying for appropriate order or direction for the petitioner being admitted to MBBS Course, 2018 against the vacant seat
at the Dr.S.N. Medical College, Jodhpur following the resignation of one Ms.Armaandeep Kaur Virk therefrom on 1.9.2018.
For the record this petition was filed on 19.9.2018.
The petitioner having obtained merit No.2696 in the State Medical List at the NEET UG Examination 2018, registered for counselling and sought
admission to MBBS course in a Medical College in the State of Rajasthan. She was admittedly considered both in the first and second round of
counselling, but could not be allotted a seat in view of not being found meritorious vis-a-vis other competing applicants. The petitioner also did not find
place for allotment of a Medical College in the mop up round of counselling held on 31.08.2018 and thus remained without admission to any Medical
College in the State of Rajasthan.
The petitioner appears to have got a wind on the vacant seat following Ms.Armaandeep Kaur Virk’s resignation from her seat from Dr.S.N.
Medical College Jodhpur and has therefor filed this petition seeking directions for being considered for admission to the said vacant seat.
Reply to the writ petition has been filed by the respondentâ€"NEET UG Medical Board, 2018. Appearing for it Mr.S.K. Gupta, AAG submitted that
this petition is without any legal foundation and misdirected inasmuch as in terms of the schedule in the Graduate Medical Education, Regulations,
1997 (hereafter ‘Regulations of 1997’) as amended on 6.2.2018 the last date for admission/ joining in the MBBS Course for Academic Year
2018-19 and onwards both on the Central and State quota seats is 31.8.2018. Mr.S.K. Gupta, submitted that subsequently by an amendment to the
Regulations of 1997 notified on 18.5.2018, it has been categorically provided that “in any circumstances, last date for admission/ joining will not
be extended after 31st  August, 2018 of the given Academic Year.†In this aforesaid scheme of the statutorily Regulations of 1997, Mr.S.K.Gupta,
AAG appearing for the respondentâ€"NEET PG Medical and Dental Admission/ Counselling Board, 2018 and Mr.Angad Mirdha, for respondentâ€
MCI have submitted that the petitioner cannot seek a direction from this Court on 26th September, 2018 for admission in breach of the prohibition in
regard thereto in the Regulations of 1997.
They submitted that the equitable jurisdiction of this Court under Article 226 of the Constitution of India does not extend to a direction contrary to the
law.
Mr.Rajendra Soni counsel for the petitioner sought to rely upon the judgment of the Apex Court in the case of Priya Gupta vs. State of Chhatisgarh
[(2012)7 SCC 433] to contend that the last date for admission to MBBS Course is 30.9.2018 even for the Academic Year 2018-19.
I am afraid that the argument of Mr.Rajendra Soni is quite misplaced and reliance placed on the aforesaid judgment is quite desperate and obviously of
no avail as the said judgment relates to admission to MBBS Course for the Academic Year 201112 which were governed by the then extant
Regulations. For the purpose of evaluation of the case of the petitioner as agitated in this petition, reference to Regulations of 1997, as presently obtain
is necessary. And as recorded above, in terms thereof, a categorical prohibition obtains on admissions to the MBBS Course for the Academic Year
2018-19 and onwards subsequent to 31.8.2018.
The petitioner in the circumstances has not been able to make out any case for this Court to exercise its extraordinary equitable jurisdiction and issue
the direction sought as no legal or fundamental right of the petitioner has been contravened.
The petition is dismissed.