Sourabh Kumar Jeengar S/o Shri Manoj Kumar Jeengar v. State of Rajasthan
2022-02-10
ASHOK KUMAR GAUR
body2022
DigiLaw.ai
JUDGMENT : 1. Learned counsel for the petitioner submitted that the petitioner had earlier filed S.B. Civil Writ Petition No.15014/2020, challenging denial of allotment of seat in his favour in MBBS Course in Government Medical College. 2. Learned counsel for the petitioner submitted that the writ petition was decided vide order dated 09.03.2021 and direction was given to consider the case of the petitioner in the Session 2020-2021 by creating one seat in any of the Government Medical College and the additional seat, so created, was to be adjusted by reducing one seat in SC Category in next Session. 3. Learned counsel for the petitioner submitted that the order passed by this Court dated 09.03.2021 was put to challenge by National Medical Commission before the Apex Court and the Apex Court, vide its order dated 20.09.2021, modified the order of this Court and the petitioner was to be granted admission in the Academic Year 2021-2022 in SC Category and adjustment of one seat was to be made by reducing one seat from SC Category for the Academic Year 2021-2022. 4. Learned counsel for the petitioner submitted that now by impugned order dated 05.02.2022, the petitioner has been allotted Government Medical College, Dungarpur by giving him a management seat. 5. Learned counsel for the petitioner submitted that Government Medical College, Dungarpur is in fact not a Government Medical College and this College is run by a Society created by the State Government. 6. Learned counsel further submitted that the petitioner could not have been given admission against management seat and the State Government intends to charge higher fee from the petitioner as compared to the fee paid by the candidate in the Government Medical College. 7. Learned counsel for the petitioner further submitted that in spite of legal notice served to the respondents, the respondents are insisting that the petitioner is free to take admission in MBBS Course in Government Medical College, Dungarpur against the Management Seat. 8. Copy of the writ petition has already been supplied in the office of Dr. Vibhuti Bhsuhan Sharma, Additional Advocate General & Mr. Harshal Tholia, Adv. who appear on behalf of the respondent Nos.1 to 3 and learned counsel-Mr. Angad Mirdha is appearing on behalf of the respondent No.4. 9. Learned counsel for the respondents Mr. Harshal Tholia & Mr. Angad Mirdha seek time to file response to the writ petition. 10.
Vibhuti Bhsuhan Sharma, Additional Advocate General & Mr. Harshal Tholia, Adv. who appear on behalf of the respondent Nos.1 to 3 and learned counsel-Mr. Angad Mirdha is appearing on behalf of the respondent No.4. 9. Learned counsel for the respondents Mr. Harshal Tholia & Mr. Angad Mirdha seek time to file response to the writ petition. 10. Learned counsel for the petitioner submitted that for protecting the rights of the petitioner, this Court may, at least, reserve one seat of MBBS Course in any Government Medical College and if such order is not passed, the respondents would fill all the seats in the Government Medical Colleges. 11. This Court, as an interim measure, directs that one seat of MBBS Course in SC Category shall be kept vacant by the respondent Nos.1 to 3 in SMS Medical College, Jaipur. 12. This Court also directs the Principal Secretary, Medical Education Department to remain personally present before this Court on the next date of hearing. List on 15.02.2022.