Diksha Choudhary v. State of Rajasthan, Through Secretary
2021-01-12
ASHOK KUMAR GAUR
body2021
DigiLaw.ai
JUDGMENT : ASHOK KUMAR GAUR, J. These two writ petitions have been filed by the petitioners, who are wards of military personnel, for claiming reservation for children of defence personnel under Category Priority-IV in the matter of admissions in Under Graduate Medical Courses, after declaration of result of the National Eligibility-cum-Entrance Test (NEET)-2020. 2. The petitioners have pleaded in the petitions that the dependents of Category Priority-IV are provided in the Information Booklet issued by the Chairman, NEET-UG Medical and Dental Admission/Counselling Board, 2020 and in the said booklet Wards of those Disabled in service and boarded out with disability attributable to military service can be considered against one percent seats in the Government Colleges. 3. After issuing notices, this Court vide order dated 19.11.2020, after hearing both the parties had passed an interim order directing the respondents to include the petitioners in the first round of counselling by treating their candidature in Priority - IV, against the reservation provided for Ex-servicemen. The interim order passed by this Court was also not to be claimed as an equity in favour of the petitioners and their participation in counselling was subject to final outcome of the present writ petition. 4. This Court has directed learned counsel for the petitioners to implead Sainik Kalyan Board as party in the present petitions and determination of controversy in the present petitions was to be on the basis of the stand to be taken by Sainik Kalyan Board about eligibility of the petitioners. 5. Learned counsel Mrs. Manjeet Kaur, appearing on behalf of the Sainik Kalyan Board has filed counter affidavit and submitted that been the petitioners are eligible for Category Priority - IV and accordingly concerned Zila Sainik Kalyan Board has issued the requisite certificates making the petitioners eligible for Priority-IV. 6. Learned counsel also submitted that the disability assigned to the Army Personnel, in the present case, was attributable to military service and as such, the State is required to consider the candidature of both the petitioners for the purpose of admission in Priority - IV and not in Priority - VI. 7. Mr.
6. Learned counsel also submitted that the disability assigned to the Army Personnel, in the present case, was attributable to military service and as such, the State is required to consider the candidature of both the petitioners for the purpose of admission in Priority - IV and not in Priority - VI. 7. Mr. Harshal Tholia, learned counsel appearing on behalf of the respondent-State submitted that the State, while conducting counselling, has taken into account the eligibility of the candidates on the basis of certificates issued by the concerned Sainik Kalyan Board and the priority given to such candidate is also determined on the basis of certificate issued by the Sainik Kalyan Board. 8. Learned counsel submitted that since both the petitioners have been held eligible for allotment of Priority - IV, as such this Court may decide the controversy after considering the stand taken by the Zila Sainik Kalyan Board. 9. This Court finds that fathers of the petitioners - Diksha Choudhary and Pawan Kumar in SBCWP No. 13692/2020 and 13865/2020 respectively were discharged on the ground of medical disability attributable to military service. The eligibility certificate has also been issued by the Zila Sainik Kalyan Board and as such candidature of the petitioners was required to be considered in Priority - IV. 10. This Court has already passed interim order directing the respondent-State to consider on provisional basis, cases of the petitioners while considering them for allotment in Category Priority - IV. 11. Learned counsel informed this Court that counseling has taken place in pursuance of direction given by this Court and both these petitioners have been considered in Priority - IV, as per the interim order passed by this Court. 12. This Court, accordingly disposes of both the writ petitions observing that both the petitioners were entitled for allotment of seat in Medical College for the purpose of admission, after consideration of their candidature as per Category Priority - IV for children of defence personnel. The interim order passed by this Court is made absolute and further both the petitioners may be considered for allotment of colleges, as per their merit and preference.