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Judgment
The issue agitated in this petition is with regard to holding of the second round of counselling for admission into MBBS/ BDS seats in the State quota.
As per the Schedule for the purpose, the second round of counselling for such seats is to be held on 25/26.7.2018 but after the second round of
counselling for the All India quota Seats in Medical Colleges in the State of Rajasthan.
Mr.Tanveer Ahamad counsel for the petitioner submitted that on a wholistic construction of the calendar for counselling, both first and second, seats in
the All India quota are to first filed and those in State quota thereafter. Most importantly the second round of counselling for admission in the State
quota seats can be held only after the completion of the second round of counselling of All India seats. This, Mr.Ahamad submitted, for reason that
unfilled seats in the second round of counselling in the All India quota are to be reverted to the State quota. And on such reversion the successful
students who passed the NEET UG Examination 2018 would in the second round of counselling for admissions in MBBS/ BDS seats in the State
quota, have a full view of the College/s and seats to which they could most beneficially seek admission and make individual choices as per the faculty
of the College/s and capacity to pay fee for the duration of the MBBS/ BDS course. He submitted that in the event the second round of counselling
for admission in the State quota seats to the MBBS/ BDS Courses is held prior to the reversion to the State quota of unfilled All India seats, those who
are admitted in the second round of counselling in the State quota will be put to grave disadvantage and potentially be denied choosing despite their
merit Colleges for MBBS/ BDS which they may prefer for varied reasons. He submitted that this Court in the case of Dr.Mohit Mathur & Others vs.
State of Rajasthan & Others in SBCWP No.8766/2018 albeit in a case relating to PG admission in similar circumstance by an interim order directed
on 24.4.2018 that the second round of counselling for admission into PG Medical courses be held only subsequent to completion of second round of
counselling for PG Course for seats at the All India Level and reversion of seats, if any to the State quota. He submitted that the State Government
also itself so realizing the legal position has vide notification dated 23.7.2018 stated that the second round of counselling for MBBS/ BDS, 2018 will be
subject to the order of the Apex Court or this Court. Mr.Ahamad also referred to the judgment of the Apex Court in the case of Rachit Sinha vs.
Union of India in Writ Petition (C) No.357/2018Â where it was held as under:-
“The second round of State Counselling has to be conducted after taking into account the reverted seats on completion of the second round of the
All India Quota. We are informed that some States and Deemed/Central Institutions completed the second round of Counselling without waiting for
the reversion of the unfilled seats in the second round of Counselling of the All India Quota. As this could not have been done, we direct that such
States and Deemed/Central Institutions shall conduct the second round of Counselling again after reversion of the unfilled seats in the second round of
Counselling of the All India Quotaâ€.
Mr.S.K. Gupta, AAG for the respondent-State submitted that as per the notified calendar for admission to MBBS/ BDS, 2018 the second round of
counselling in the State quota is to be held on 25 and 26.7.2018. It is so being held as the State Government is bound by the Schedule but has been
made subject to the order of the Apex Court as stated in the notification for the purpose issued on 23.5.2018.
Heard. Considered.
In SBCWP No.8766/2018 titled Dr.Mohit Mathur & Others vs. State of Rajasthan & Others interim order dated 24.4.2018 was passed by this Court
in a similar situation. Though the aforesaid case related to PG (Medicine) admissions, the principle enunciated is quite relevant i.e. the second round of
counselling for seats in State quota should not be before second round of cousneling for seats in All India quota and reversion of unfilled seats to the
State quota. This has also been so held in the case of Rachit Sinha (supra) by the Apex Court. The order passed by this Court in the case of Dr.Mohit
Mathur (supra) was acted upon by the State Government and was never put to challenge. This Court nor the Apex Court can be required to reinvent
the wheel each time and repeatedly reiterate or restate a legal position. Once the legal position is stated and accepted by the State, it is under a duty to
adhere to and act upon it in similar situations. The Apex Court has observed that it is not only for the courts to do justice but the said obligation rests
on all Public Authorities and Public Officers. In this view of the matter I would direct the Principal Secretary, Medical Education Department,
Government of Rajasthan and/ or the Convenor MBBS/ BDS course (UG) admission Board to take a view, in terms of the obtaining legal position, on
the second round of counselling for admission into MBBS/ BDS 2018 for State quota seat without the completion of second round of counselling for
All India quota seats. This be done today i.e. 24.7.2018 in view of the urgency of the matter.
Put up tomorrow i.e. 25.7.2018.
A copy of this order be supplied to Mr.S.K. Gupta, AAG for onward transmission and compliance.