Narender Pal Choudhary vs State Of Rajasthan And Others

Challenge in this appeal is to the judgment passed by the learned single Judge dated 21.09.2022, whereby the writ petition preferred by the petitioner, claiming the grant of Government seat in Government Medical College, Barmer instead of Government Medical College, Pali where he has been allotted a private seat, stands dismissed.

It is the contention of the learned counsel for the appellant that initially he was allotted private seat in the Government Medical College, Pali in the second round of counselling. Subsequently, in the mop-up round he was allotted Government Seat in the Government Medical College, Barmer. He intended to shift to the said Government seat but the same was not permitted as he could not get the documents returned from the Government Medical College, Pali where he had already taken admission and was studying. Learned counsel contends that non-return of the documents, which led to his losing Government seat allotted in the Government Medical College, Barmer, is not in accordance with law. He, therefore, prays that the judgment of the learned Single Judge is unsustainable and deserves to be set aside and the petitioner be granted the benefit and prayer as made in the writ petition.

We have considered the submissions made by the learned counsel for the appellant, but are unable to accept the same.

Paras 7 and 8 of the notification dated 22.03.2022, which has been issued with regard to the NEET UG (Medical/Dental) Counseling 2021 (MBBS, BDS) (Mop-up, off-line) (State of Rajasthan), clearly lay down and suggest that a candidate, who had already joined a seat allotted in any Government Medical College through State counselling and through other State counselling including All India counselling, is not eligible to participate in the mop up round of counselling. If that be so, the appellant having already taken admission in Government Medical College, Pali against the private seat, was not even eligible to participate in the mop up round of counselling and therefore, even if he was allotted the Government seat in the Government Medical College, Barmer in the mop up round of counselling, the same was contrary to the notification, as referred to above, which is binding.

The judgment passed by the learned Single Judge, therefore, being in accordance with law, does not call for any interference. Otherwise also, the appellant by now has completed two years of study and is continuing his study in the third year in the Government Medical College, Pali against the private seat.

Therefore, the appeal being devoid of merit stands dismissed.