S. S. Tantia Medical College v. State Of Rajasthan
2022-07-05
ASHOK KUMAR GAUR
body2022
DigiLaw.ai
JUDGMENT 1. This writ petition has been filed by the petitioner- Institution seeking a direction to fill up the vacant seat due to non-reporting of respondent No.4-private candidate, who was allotted MBBS seat in second round of counselling. The petitioner- 2. Institution also seeks additional prayer of permitting it to fill the vacant seat on account of alleged non-joining of respondent No.4 in the MBBS Course. 3. This Court on 12.04.2022 passed an interim order and recorded fact of withdrawal of resignation, said to be given by respondent No.4 and considering the fact of stray round being concluded on 12.04.2022 itself by 05:00 PM, this Court permitted the petitioner-Institution to undertake the exercise of filling up of one seat which was left vacant by the respondent No.4. 4. This Court additionally had put a condition on the petitioner-Institution to put the information of filling the vacant seat by giving proper notice to all the meritorious candidates to participate in the counselling of stray round and the same information was to be put on the notice board as well as on the Official Website. 5. This Court finds that during pendency of the writ petition, the petitioner-Institution has complied with the order passed by this Court and additional affidavit to the same effect has also been filed, whereby, documents have been placed on record to show that proper exercise was undertaken by the petitioner-Institution for allotting a seat to meritorious candidate on account of one seat remaining vacant. 6. This Court had asked learned counsel for the respondents-State to file reply. 7. Learned counsel for the respondents-State Mr.Harshal Tholia submitted that in the present case, there was a complaint by respondent No.4 against the petitioner-Institution of charging excess fee then the prescribed fee and incident relating to grievance of respondent No.4, was not isolated incident against the petitioner-Institution but similar complaints against the petitioner-Institution were received by them and as such, in para 7 of the reply, they have made reference of certain complaints received by them. 8. Learned counsel for the respondents-State Mr.Harshal Tholia submitted that the petitioner-Institution may not be given any liberty to fill up the seat as per their own choice by forcing the candidate to resign and then to charge excess fee. 9.
8. Learned counsel for the respondents-State Mr.Harshal Tholia submitted that the petitioner-Institution may not be given any liberty to fill up the seat as per their own choice by forcing the candidate to resign and then to charge excess fee. 9. Learned counsel also submitted that though interim order passed by this Court has been complied with by filling up the vacant seat(s), however, the State Authorities reserve their right to take action under law against the petitioner-Institution, if such complaints have been received by them. 10. Learned counsel Mr.Angad Mirdha appearing for the respondent National Medical Commission submitted that though interim order has been passed by this Court, however, this Court did not have territorial jurisdiction to exercise its power, as no part of cause of action had arisen in the Jaipur jurisdiction. 11. Learned counsel submitted that the petitioner- Institution is situated at District Sriganganagar and even relief sought against private respondent shows that she is a resident of Bikaner. 12. This Court finds that the interim order dated 12.04.2022 was passed by this Court, considering the fact that stray round was to be concluded on the same day and as such, vacant seat was not to go waste and as such, this Court by putting certain conditions, permitted the petitioner-Institution to fill up the vacant seat. The additional affidavit filed by the petitioner- Institution also shows that proper exercise was undertaken by them to fill the vacant seat and as such, this Court does not deem it proper to now decide the matter on merits. The question of jurisdiction is also left open to be decided in appropriate case. 13. The submission of learned counsel for the respondent Mr.Harshal Tholia that the State Authorities may be permitted to take appropriate action against the petitioner-Institution for alleged violation of not filling the seat as per merit and choice by forcing the candidate to resign, suffice it to say by this Court that if the State Authorities have the power under the law, they are always free to take action and as such, they do not need any approval from this Court. 14. This Court accordingly disposes of the present writ petition.