JUDGMENT : SAMEER JAIN, J. 1. Learned counsel for the petitioner has filed an application, with amended cause title. For the reasons stated therein, the said application is allowed. Amended cause title is taken on record. 2. Considering the akin factual matrix of the instant petitions and for efficacious and expeditious disposal, the instant bunch of petitions are taken up together. 3. The lead file S.B. Civil Writ Petition No. 16990/2024 is filed with the following prayers (remaining petitions also have similar prayers with mutatis mutandis changes): “(i) By appropriate writ, order or direction, the provisional combined allotment list dated 30.10.2024 may be quashed and set aside to the extent of granting admission to lower meritorious candidates then Petitioners and Respondents may be directed to consider the candidature of Petitioners for the purpose of admission in NEET UG-2024 for stray round of vacancies. (ii) By an appropriate writ, order or direction, the notification dated 23.10.2024 may be quashed and set aside to the extent of providing limited window of three hours for the purpose of document verification on 28.10.2024 and Respondents may be directed to conduct the exercise of document verification for the purpose of admission of petitioners in NEET UG-2024. (iii) By an appropriate, writ order or directions, after revising the merit, Respondents may be directed to allot grant admission to the Petitioners as per their merits. (iv) By appropriate writ, order or direction, the Respondents may be directed to cancel the admission of private Respondents as they are lower meritorious then the Petitioners and also cancel the admission of candidates (private Respondents) who are otherwise outside the State of Rajasthan. (v) Any other order or direction, which this Hon’ble Court may deems just and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner.” 4. The instant judgment shall be applicable upon the instant bunch of petitions on mutatis mutandis basis. 5. Learned counsel for the petitioners have submitted that the petitioners are students who have participated in NEET-UG Examination, 2024. It is further submitted that by way of a public notice dated 09.02.2024, applications for NEET-UG Examination, 2024 were invited by the respondents. The said examination was conducted by respondent-NTA, and the said authority had also released the schedule for online applications and other relevant dates vide notification dated 05.05.2024. 6. It is further submitted that by way of a public notice dated 09.02.2024, applications for NEET-UG Examination, 2024 were invited by the respondents. The said examination was conducted by respondent-NTA, and the said authority had also released the schedule for online applications and other relevant dates vide notification dated 05.05.2024. 6. Thereafter, the result for said examination was released on 26.07.2024 along with an Information Booklet qua NEET-UG Examination, 2024 (MBBS, BDS). Subsequently, notification dated 27.08.2024 was issued stating that in continuation to the earlier notification, schedule stated therein shall be followed for the remaining allotment procedure. The said notification categorically states that 15 per cent of seats will be reserved for all India basis and 85 per cent of seats will be for the State candidates. 7. It is further contended that in light of the NEET-UG (Medical/Dental) Counseling, 2024 (MBBS/BDS) - Stray Vacancy Round Notification dated 23.10.2024 (Annexure-2) three rounds of counseling were scheduled. For the sake of brevity, the said schedule from notification dated 23.10.2024 is reproduced herein-below: Schedule (Stray Vacancy Round) Application from (Registration) From 24.10.2024 Start date for filling of on-line application form and deposition of required application fee: It is a mandatory step for subsequent process. Both the parts (Part 1 and Part 2) of the application form must be filled and completed. Candidates who could not complete both the parts (Part 1 and 2) of the application form earlier, may also complete the same. Those who are already registered earlier need not register again. Note: Candidates who exited with forfeiture of security amount in Round 2 allotment and not registered earlier may apply again subject to their eligibility for participation in Stray vacancy round. Candidates who have a joined status after round 3 will not be allowed to participate in the stray vacancy round. Candidates who were allotted/upgraded a seat in round 3 but not joined will not be allowed participation in stray vacancy round. Candidates who have a joined status after round 3 will not be allowed to participate in the stray vacancy round. Candidates who were allotted/upgraded a seat in round 3 but not joined will not be allowed participation in stray vacancy round. Last date for depositing the application fee at the website 26.10.2024 (6.00 pm) Last date for submitting the on-line application form at the website 26.10.2024 (11.55 pm) Provisional Vacant Seat Matrix after Round 3 25.10.2024 Publishing of provisional list (State combined, OBC, MBC, EWS, SC, ST, STA) (PWD, Defence/paramilitary, NRI-subject to vacancy) 27.10.2024 Security Deposit 25.10.2024 to 27.10.2024 (auto-locking at 5.00 pm on 27.10.2024) Deposition of security amount as given in the Information Booklet (applicable during choice filling for MBBS seats as well as BDS seats) Rs. 50,000/- for UR/EWS, SC/ST/ST-STA/OBC/MBC candidates opting for Govt. Seat (MBBS Course) in Government Medical Colleges, Govt. Society Medical Colleges, RUHS CMS, ESIC MC and in Geetanjali Medical College Govt. Seat (1 seat) Rs. 2,00,000/- for candidate opting for Management Seat (MBBS Course) in Govt. Society Colleges and RUHS CMS Rs. 5,00,000/- for candidate opting for NRI seat (MBBS Course) in Govt. Colleges, Govt. Society Colleges and RUHS CMS Rs. 5,00,000/- for candidates opting for MBBS Course in private Medical Colleges Rs. 10,000/- for candidates opting for BDS Course in Govt. Dental College (RUHS CDS) and Private Dental Colleges [Candidates depositing Rs. 2,00,000/- or 5,00,000/- will automatically be eligible to fill choices for Government Medical/Dental Colleges, Govt. Society Medical Colleges, RUHS CMS, RUHS CDS, ESIC MC and in Geetanjali Medical College Govt. Seat (1seat) and private Dental College] All newly registered/reregistered candidates willing to participate must deposit the applicable security amount. Candidates who deposited the applicable security amount in Round 1/Round 2 (except candidates whose security deposit was forfeited due to non-joining in Round 2/Round 3) are not required to deposit it again but those candidates who did not deposit the applicable security amount in Round 1/Round 2/Round 3 or wish to deposit the applicable difference amount (based on type of seat/course/college must deposit it now (as the case may be) on-line, failing which they will not be considered for allotment on a seat/seat type in a college. Candidates who have deposited the security amount in Round 1 or Round 2 or Round 3 but not allotted a seat in any round, need not deposit in Stray Vacancy Round but depositing the applicable difference amount (based on type of seat/course/college) is mandatorily required, to participate. 8. In the said backdrop, learned counsel representing the petitioners has submitted that unlike other states like Madhya Pradesh, Haryana etc. the time schedule which was prescribed for verification and submission of original documents, qua the State of Rajasthan the same was merely for three hours unlike other states where a reasonable time is offered. It is further submitted that the same is deviation from the past practices adopted by the State of Rajasthan/respondents, resulting to the instant grievances. It is further submitted by the learned counsel representing petitioners that inspite of being on higher merit than the provisionally selected candidates in the stray round, the petitioners are ousted. 9. At this juncture, in support of the aforementioned contentions learned counsel have placed reliance upon Annexure-1 i.e. Provisional Combined Allotment List for the said examination, more specifically, upon Serial No. 26, 28 and 32, and have submitted that it is unambiguous that the said candidates are much less in merit than the present petitioners. 10. Further, learned counsel has submitted that candidates who are residents of other states are also given preference in the admission procedure, overlooking the candidates who are domicile of the State of Rajasthan, qua the 85% of seats reserved for the State candidates. In this regard, learned counsel has drawn the attention of this Court upon Annexure-10 more specifically upon Serial No. 13845 and 12167 and have submitted that the said candidates are domicile of Punjab and Uttar Pradesh respectively and their combined State merit was considered whilst allotting him the seat. 11. In support of contentions made insofar learned counsel has placed reliance upon the dictum enunciated in Asha Vs. Pandit B.D Sharma University of Health Sciences registered as Civil Appeal No. 5055 of 2012 and Arising Out of SLP (C) No. 7440 of 2012 and Dolly Chadda Vs. Chairman, JEE and Others, (2005) 9 SCC 779 , while placing reliance upon the same, learned counsel have submitted that merit alone should be the criteria for the selection of a candidate for professional courses. 12. Chairman, JEE and Others, (2005) 9 SCC 779 , while placing reliance upon the same, learned counsel have submitted that merit alone should be the criteria for the selection of a candidate for professional courses. 12. Learned counsel has also submitted that on account of short window time prejudice is caused to the students who have to carry out requisites on PAN India basis, nevertheless on account of lack of infrastructure, paucity of time and lack of understanding, the petitioners are made to suffer and their dedication and hard-work shall go in vain. Moreover, substantial rights of a candidate should not be defined over the procedural lapses. Hence, sympathetic view should be taken qua the petitioners. 13. Per contra learned AAG, Mr. Shah appearing for the respondent-State and Mr. Mirdha appearing for respondent-NMC have drawn the attention of this Court upon the contents of the notification qua NEET-UG (Medical/Dental) Counseling, 2024 (MBBS/BDS) - Stray Vacancy Round Notification and have submitted that the same was published and circulated in public domain on 23.10.2024 wherein, the schedule of dates and requisite details qua submission of documents and other requisites were duly elucidated. It is submitted that the provisional list of around 15,000 candidates was published after due consideration and upon conducting a document verification of the candidates who appeared for the same; and 258 students qua the MBBS and approximately 68 students qua dental were selected and allotted with the said seats. Moreover, the said procedure was not conducted in isolation or surreptitiously and the same was conducted in an unbiased, fair and transparent manner. 14. Learned counsel has further submitted that petitioners were fully aware about the said schedule for the instant counseling as the same was published nationwide. Hence, the petitioners do not have a locus standi to file the present petition as they have not filed the writ petition within/prior to the present time assailing the alleged miniscule time and short window. Moreover, the petitioners did not even appear in the said document verification process. 15. Learned AAG has further submitted that slackness, inattentiveness and failure to participate/appear on part of the petitioners cannot grant them any immunity to challenge the counseling procedure in toto, that to at this belated stage, where the same is on verge of conclusion. Moreover, the petitioners did not even appear in the said document verification process. 15. Learned AAG has further submitted that slackness, inattentiveness and failure to participate/appear on part of the petitioners cannot grant them any immunity to challenge the counseling procedure in toto, that to at this belated stage, where the same is on verge of conclusion. Learned counsel have also submitted that in the notification dated 23.10.2024 a specific NOTE and information was enumerated stating that it is mandatory for the candidates to appear for the document verification process and submit all relevant original documents before the Board. 16. It is further averred that intentionally, without any reasonable explanation being tendered the petitioners have abstained themselves from marking presence or furnishing their original documents for document verification. Moreover, in an open examination like the present one where lacs of candidates appear, the Board cannot be expected to invite each candidate individually qua the requisites of the selection procedure. Moreover, rules of the game are same for all. 17. Learned counsel have further relied upon the Information Bulletin and counseling scheme, 2024 which as per him is concealed from the Court and has submitted that the eligibility criteria as prescribed in Clause no. 5 and the same provides for educational qualification in sub-clause (1) and the age limit in sub-clause (2) subsequently, other eligibility are prescribed in sub-clause (3). The contents of Clause 5(3) categorically states that the candidates from other states were also eligible for allocation of seats in Stray Vacancy Round, for exhausting State merit list during/after round III. Therefore, candidates from other states are eligible as per sub-clause XI under sub-clause (3) of clause 5 (Annexure-R/1/1). 18. Lastly, learned counsel have submitted that the judgment relied upon by the counsel representing the petitioners are on distinguishable factual matrix as therein, the candidate had appeared in the counseling rounds. 19. Considering the aforementioned facts and circumstances of the instant matter, upon an assiduous scanning of the record, juxtaposing the averments made by the learned counsel for the parties and the judgments cited by the Bar, this Court prior to conclusion deems it apposite to jot down certain undisputed facts: 19.1 That vide advertisement dated 09.02.2024 respondent-department had invited applications for NEET-UG Examination, 2024 and the same was conducted on PAN India basis wherein, lacs of students appeared. 19.2 That on 05.05.2024 the said examination was conducted and counseling notifications were issued. Subsequently, three rounds of counseling were conducted and the same were bifurcated into two categories i.e. All India Category and State wise. 19.3 That subsequently vide notification dated 23.10.2024 a schedule for Stray Vacancy Round was published with categorical directions qua filing, deposition of fee & security deposit, choice filling, document verification and mandatory provision for submission of original documents by the candidate. 19.4 In light of the aforementioned facts and circumstances this Court is of the following view. 19.5 The information booklet makes it unambiguous that no communication will be directly sent to the candidates. They are advised to be in touch with the website on regular basis for any updates. Therefore, the contention made by the learned AAG that the petitioners were duly informed and aware about the procedure of selection is valid. 19.6 Moreover, as per NOTE 2 encapsulated in notification dated 23.10.2024 it was made clear that it is mandatory for the candidates to come for document verification and submit all relevant original documents with the Board. The relevant portion of the above is reproduced herein-below: “2. For participation in stray vacancy round, it is mandatory for candidates to come for document verification and submit all relevant original documents with the board. Candidates whose documents are not verified or who do not submit his/her original documents, will not be allowed to participate in stray vacancy round.” 19.7 It is also pertinent to note that none of the petitioners have tendered any reasonable justification for their absence from the said counseling procedure. 19.8 Qua the contention made for short time of window opening, it can be noted that qua the said Stray Vacancy Round Counseling notification was released on 23.10.2024 along with a tabulated schedule. The said schedule was followed by thousands of candidates resultant to which approximately 920 candidates have participated in counseling round, out of which 252 candidates for MBBS and 68 candidates for Dental are selected in the Stray Vacancy Round considering their merits and documents submitted with the Board. 19.9 The said notification was never challenged at appropriate stage and it prima facie appears that the same is an afterthought. 20. 19.9 The said notification was never challenged at appropriate stage and it prima facie appears that the same is an afterthought. 20. The plea qua domicile and selection of students from other states is also not relevant as the Information Bulletin, 2024 - categorically sub-clause XI under sub-clause (3) of clause 5 makes it undisputed that the candidates from other state were also eligible for allocation of seats in Stray Vacancy Round for exhausting state merit list during/after round III. The relevant eligibility criteria is reproduced herein-below: “(I) Natural father/Mother of the candidate has continuously resides in Rajasthan for period of last 10 years and the candidate has studied for at least 5 years during this period in a recognized educational institution in Rajasthan. (II) All those students who are bonafide residents of Rajasthan but are studying in other States will also be eligible for the allotment process. (III) The candidate is son/daughter of serving or retired (i) Employee of Government of Rajasthan (ii) Officer of All Indian Services borne on State Cadres of Rajasthan and has served for more than 3 years with State Government. (IV) The candidate is son/daughter of serving or retired, permanent employee of Gov. Undertaking/Corporation/Improvement Trust/Municipal Bodies/Council/Panchayat Samiti/Co-operative bodies, duly constituted by the Government of Rajasthan by an act of Law who has put in at least 3 years of service on the last date of submission of the on-line application form in the year of admission, or (V) The candidate is son/daughter of serving/retired, permanent employee of any of the State University or Secondary Board of Education (Rajasthan) provided that employee has worked in Rajasthan for 3 years preceding the last date of submission of the on-line application form. (VI) Candidate is a natural son/daughter of a Serving/Retired permanent employee of Indian Defense and the employee is of Rajasthan origin irrespective of his place of posting. Provided that in case of Defense Personnel from Rajasthan origin, a certificate (certificate proforma-A) has to be submitted by them from the employer to the effect that his state of origin is Rajasthan at the time of his entry into service. Eligible candidates of this category shall be admitted as per laid down criteria of priority cum merit of the Rajasthan MBBS & BDS Admission 2024. Eligible candidates of this category shall be admitted as per laid down criteria of priority cum merit of the Rajasthan MBBS & BDS Admission 2024. (VII) Candidate is a natural son/daughter of a Serving permanent employee of Indian Defense and the employee is posted in Rajasthan (certificate proforma-B) at the time of last date of submission of the on-line application form for admission, or VIII. Candidate is a son/daughter of serving/Retired person of Para-Military Forces of India and the employee is of Rajasthan origin, irrespective of his place of posting. Provided that in case of Para-Military personnel from the Rajasthan origin, a certificate (certificate proforma-A) has to be submitted by them from the employer to the effect that his state of origin is Rajasthan at the time of his entry into service. (IX) Candidate is a son/daughter of serving person of Para-Military Forces of India and the employee is posted in Rajasthan (certificate proforma-B) at the time of last date of submission of the on-line application form for admission. (X) Candidate is a son/daughter of a Judge of Rajasthan High Court subject to the condition that he/she submits an undertaking/addifavit stating that such benefit is not being claimed or availed by them in any other State, or (candidates falling in above clauses I to X are eligible for all types of seats, i.e. Govt./Management/NRI. (XI) Other (for candidates who are not covered under the above clauses from I to X) (candidates selecting clause XI “Other” are eligible to apply to participate but will be considered for allotment against vacant seats (Govt./Management/NRI) available after exhausting State Merit List during/after round 3).” 21. The judgment cited by the learned counsel for petitioners i.e. Asha (supra) is on considerably distinguishable factual matrix as therein the candidate had duly participated/appeared in the counseling. 22. In light of the aforementioned facts, circumstances and observations, the instant petitions are dismissed. Nevertheless, considering the tedious efforts, young age of the petitioners and their merits, it is directed that if upon culmination of the instant Stray Vacancy Rounds, if any, seats lie vacant (maybe due to certain unforeseeable reasons or non-submission of fees by any selected candidate) the candidature of the petitioners be considered, subject to the merit scored. 23. Accordingly, the present petitions are dismissed with aforementioned direction. Pending applications, if any, shall stand disposed of.