ORDER : (Dinesh Mehta, J.) 1. The petitioner has approached this Court with a grievance that the respondents have wrongly not given admission to him in any of the medical colleges in 4th round of counseling and prayed that the respondents be directed to give admission to him atleast in the 4th round of counseling or special stray vacancy round. 2. The petitioner appeared in NEET UG Examination, 2024 and secured 665 marks and his All India Rank was 16179. The petitioner took part in the counseling held by the respondent Nos.2 and 3. 3. The petitioner has come with a specific case that in second and third round of counseling, he was allotted the Government Medical college (hereinafter referred to as the ‘GMC’) at Bundi and Karauli respectively but since he did not wish to join at those places, he did not deposit the fee and got admission, as he was desirious of getting some better/convenient college as he was informed that another round of counseling will be held by the respondent Nos.2 and 3. 4. A notice dated 23.10.2024 came to be issued by the respondent No.1-Union of India, which reads thus:-“Candidates who did not join their seats allotted through MCC in Round-3 are ‘Not Eligible’ to participate in Stray Vacancy Round of UG Counselling 2024 of MCC. However, ‘Not Reported’ candidates of Round-3 of MCC counselling can participate in state UG counselling.” 5. During the course of previous hearing, this Court had directed the Central Government to clarify and explain the difference between the expression “Not eligible” and “Not reported” as mentioned in notice dated 23.10.2024 (Annexure-9). 6. Mr. Mukesh Rajpurohit, learned Deputy Solicitor General in furtherance whereof, has produced a copy of the e-mail dated 21.11.2024 for perusal of the Court, which reads thus:- “Respected Sir It is mentioned that “Not Eligible” term refers to when a candidate cannot participate in the ongoing counselling conducted by MCC of DGHS due to any of the rules and regulations as and when displayed of MCC, It is mentioned that “Not Reported” term refers to when a candidate has not joined the allotted college in counselling in any round of counselling. The date and time of uploading by the state counselling is attached in the mail.” 7. The copy of the e-mail dated 21.11.2024 is taken on record. 8. The date and time of uploading by the state counselling is attached in the mail.” 7. The copy of the e-mail dated 21.11.2024 is taken on record. 8. A perusal of the clarification sent through e-mail dated 21.11.2024 shows that respondents have though differentiated between the terms “Not eligible” and “Not reported” but the expression “Not joined” and “Not reported” are taken to be synonymous, whereas in the notice dated 23.10.2024 (Annexure-9), these expressions have been used as if both are different. 9. Such being the position, if the petitioner bonafidely did not join or report at the allotted college (Karauli and Bundi), in the belief that he would be allowed to take part in the stray vacancy round, such relief cannot be said to be baseless. 10. Learned counsel for the petitioner submitted that atleast 28 persons less meritorious than him have been given admission in different colleges in stray vacancy rounds, pursuant to the notification dated 23.10.2024, whereas petitioner was not given admission. He asserted that the petitioner had not been allotted college, considering that he had joined at GMC Bundi whereas he did not. 11. Asserting that the petitioner has neither reported nor deposited the fees and his original documents are still lying with him, learned counsel submitted that it was because of some inadvertence or communication gap or misinformation due to which it was taken that the petitioner had joined at GMC Bundi. 12. Mr. Choudhary, learned counsel for the petitioner alternatively submitted that the petitioner would be satisfied if the respondents are directed to give him admission in GMC Bundi, where he was showed to have joined. 13. Mr. Rajpurohit, learned Dy.SG admitted the fact that the reason for which the petitioner’s case was not considered in 4th round of counseling was that (on basis of facutal report) the petitioner’s name was reflected in the list of candidates who have joined at GMC Bundi, Rajasthan. Relevant part of the factual report reads thus:- “The petitioner’s name was reported as allotted and reported by the Rajasthan State Counselling Authority in the list uploaded on the Intamac portal. The petitioner has taken admission in GMC Bundi in Rajasthan.” 14. Such being the position, it is clear that the respondents had considered the petitioner to have already joined at GMC, Bundi and thus, did not allot him seat in the stray vacancy round of counseling. 15. The petitioner has taken admission in GMC Bundi in Rajasthan.” 14. Such being the position, it is clear that the respondents had considered the petitioner to have already joined at GMC, Bundi and thus, did not allot him seat in the stray vacancy round of counseling. 15. In order to explore the possibility of securing petitioner’s admission in Bundi, Mr. NS Rajpurohit, learned AAG was asked to apprise the Court as to whether Bundi’s seat which was shown to be occupied by the petitioner is still lying vacant or reserved for the petitioner. It was informed that in stray vacancy round of State counseling said seat has been filled in and there is no seat vacant in the entire State and only 4 seats (of management quota and in a private college -Pacific College) have remained unfilled. 16. According to this Court, notice dated 23.10.2024 is prone to two interpretations and if the petitioner has bonafidely thought that he would be able to take part in stray vacancy round without realising that said notice speaks of stray vacancy round of “State UG Counseling” and opted not to join at Bundi, petitioner’s right to take part in the stray vacancy round could not have been denied, when he had not factually joined at Bundi. 17. Be that as it may. It is clear from the record that on account of some communication gap or miscommunication at the hands of the respondents, the petitioner was shown to have joined the college at Bundi. For the fault of the respondents, petitioner’s fate cannot be sealed. 18. In view of the aforesaid and having come to the conclusion that the petitioner had bonafidely not joined at Bundi and considering that 28 persons less meritorious than the petitioner have been given admission in stray vacancy round, this Court is of the considered view that petitioner is entitled to be given a chance to take part in the ensuing special stray vacancy round to be held by Medical Counseling Committee (hereinafter referred to as the ‘MCC’). 19. It is informed that the special stray vacancy round will be closed today at 3 p.m. 20. It is already 2.30 p.m. 21. It is hereby ordered that the petitioner shall hand over a list/ options to Mr. Mukesh Rajpurohit, learned Dy.SG, indicating therein priority of the colleges where he seeks to get admission. 22. Mr. 19. It is informed that the special stray vacancy round will be closed today at 3 p.m. 20. It is already 2.30 p.m. 21. It is hereby ordered that the petitioner shall hand over a list/ options to Mr. Mukesh Rajpurohit, learned Dy.SG, indicating therein priority of the colleges where he seeks to get admission. 22. Mr. Mukesh Rajpurohit, learned Dy.SG is requested to send the same immediately to the MCC by e-mail. The petitioner’s physical request for taking part in ensuing counseling so sent by Mr. Mukesh Rajpurohit, learned Dy.SG shall be considered and processed by the MCC without there being an online application/option as the petitioner has been denied to take part in such process. 23. The order instant has been passed in peculiar facts of the present case and the same shall not be treated to be a precedent. 24. The writ petition is disposed of in above terms. 25. Stay application also stands disposed of accordingly.