JUDGMENT 1. - This writ petition is directed against the action of the respondents - Mahatma Gandhi Medical College. The matter pertains to admission in M.B.B.S. Course pursuant to the Rajasthan Pre-Medical Test, 2009 (for short 'RPMT 2009'). The Rajasthan University of Health Sciences published an Information booklet setting out the manner for holding RPMT - 2009 and admission thereof. The petitioners appeared in RPMT - 2009 and found meritorious for counseling. After second counseling, petitioners were allotted Mahatma Gandhi Medical College and accordingly they were directed to deposit their fee and bank guarantee as per Instructions. Since the petitioners were called In second round of counseling, therefore, allotment of college was made on 17.9.2009. The petitioners having noticed the last date of deposition of fee i.e. 30.9.2009 shocked to notice that Mahatma Gandhi Medical College has kept the last date of acceptance of fee to be 25.9.2009. The petitioners accordingly appeared before the College administration for deposition of fee and bank guarantee on 25.9.2009. The Registrar of the College directed the petitioners to appear on 29.9.2009 and thereupon on the following day i.e. 30.9.2009. The petitioners brought the drafts for fee so as the bank guarantee, yet same were not accepted and, in place of petitioners, others were given admission in an illegal manner. This is nothing but sacrifice of the merit in the hands of the respondent - College. 2. Learned counsel appearing for respondent - Mahatma Gandhi Medical College, on the other hand, submits that petitioners were standing in merit and accordingly called in the second counseling held on 17.9.2009. As per the information booklet, the petitioners were under an obligation to deposit their fee in time with a further arrangement to give bank guarantee within a week and failure in doing so, provides allotment of seat to the next candidate. The provision further provides forfeiture of 25% of fee in case bank ajarantee is not furnished. In the present matter, 25.9.2009 was fixed as a last date for deposition of the fee because after 30.9.2009 no admission can be given in view of the judgment of the Hon'ble Apex Court. The last date of deposition of the fee was accordingly fixed so that if any candidate fails to deposit his fee and bank guarantee in time, the seat can be offered to other candidates within time and seat is not wasted. The last date of deposition of the fee was accordingly fixed so that if any candidate fails to deposit his fee and bank guarantee in time, the seat can be offered to other candidates within time and seat is not wasted. None of the petitioners came forward with the demand draft by 25.9.2009. The documents annexed along with the writ petition itself show that the demand draft was issued by the bank on 29.9.2009, which is clearly coming out from the perusal of the Annexure-3, that too, in regard to one petitioner only and none of the petitioners could obtain the bank guarantee at any point of time. The document at Annexure-4 is not a bank guarantee but is a bank statement of one Shri Budharam. Since the petitioners defaulted in doing the needful, the Medical College filled those seats by other mode to which petitioners cannot make a challenge on account of their own default. In view of aforesaid, writ petition may be dismissed. 3. I have considered rival submissions of the parties and scanned the matter carefully. 4. Since the factual merits have been narrated elaborately, it need not be repeated again. From the perusal of the documents on record, it is coming out that the bank draft was got prepared by one petitioner only and that too on 29.9.2009 and not on 25.9.2009 as alleged. There is no document on record 'showing preparation of the bank guarantee at any point of time. In view of aforesaid, question comes before me in regard to the right of the petitioners. For that purpose, even reference of Clauses-V (xii) of the booklet is relevant and accordingly same is quoted hereunder:- "V (xii). Admission fees is to be deposited at the time of second counseling (It is to be cleared that no admission fees will be collected at the time of first counseling). For private medical and dental college one week time will be given for bank guarantee. If candidate do not deposit the amount of bank guarantee into the college within a week then the seat will be allotted to next candidate and 25% of fees will be forfeited and remaining amount will be returned to the candidate." 5. Perusal of aforesaid provisions shows the requirement of deposition of fee at the time of second counseling with a further rider for furnishing bank guarantee within a week. Perusal of aforesaid provisions shows the requirement of deposition of fee at the time of second counseling with a further rider for furnishing bank guarantee within a week. The material on record does not show fulfillment of aforesaid requirement. The document at Annexure-4 is not a bank guarantee but statement of account. In view of aforesaid, though petitioners being meritorious candidates had a right of admission, but it is on account of their own failure in deposition of the fees and furnishing bank guarantee, admission could not be given. The act of Medical College in these circumstances be said to be illegal. 6. In view of aforesaid, I do not find any merit in this writ petition and accordingly same is rejected. It is, however, clarified that the judgment in this case may not construe to mean that the admission given by the Medical College to others is endorsed. It is only that right of the petitioners has been decided in the facts and circumstances of the case.Writ Petition Dismissed. *******