Chairman, Neet Ug Medical And Dental Admission Counseling v. Kanchan Kumawat Daughter Of

Judgment

6. Versus ----Appellant Kanchan Kumawat Daughter Of Shri Krishan Gopal Kumawat, Aged About 18 Years, Resident Of Palsana, District Sikar (Raj.) Union Of India, Department Of Higher Education, Ministry Of Education, Govt. Secretariat, New Delhi, Through Its Secretary. Senior Director (Exams), National Testing Agency, First Floor, Nsic-Mdbp Building, Okhla Industrial Estate, New Delhi, Delhi 110020 Additional Chief Secretary, Medical Education Department, Government Secretariat, Main Building, Jaipur (Raj.) Neetu Swami Daughter Of Shri Chhoturam, State Registration Id Rm106409, Neet Roll No. 923210405, College Allotment Gmc Dholpur, Through Neet Ug Medical And Dental Admission / Counseling Board, 2024, Sms Medical College, J.l.n. Marg, Jaipur. Jatin Son Of Shri Jitendra Singh, State Registration Id Rm5630, Neet Roll No. 923220472, College Allotment Gmc Banswara, Through Neet Ug Medical And Dental Admission / Counseling Board, 2024, Sms Medical College, J.l.n. Marg, Jaipur. ----Respondents Connected with D.B. Special Appeal Writ No. 737/2024 Rajasthan Neet Admission / Counseling Ug Medical And Dental Board- 2024, Through Its Chairman Having Its Office At Sms Medical College, Jln Marg, Jaipur- 302004. Versus ----Appellant

4. Rohit Choudhary S/o Shri Khema Ram, Aged About 19 Years, R/o Ghoslya Ki Dhani, Village Nangal Govind, Tehsil Chomu, Dist- Jaipur 303602 (Raj.) State Of Rajasthan, Through The Principal Secretary, Medical Education Department, Government Secretariat, Jaipur. National Medical Commission, Through Its Chairman, Pocket-14, Sector- 8, Dwarka Phase-1, New Delhi 110077 Akash Sahu Teli S/o Babu Lal Teli, (Allotted Government Medical College, Banswara On Government Seat) [2025:RJ-JP:37003-DB] (2 of 16) [SAW-750/2024] Through The Chairman, Rajasthan Neet Ug Medical And Dental Admission/ Counseling Board- 2024 Having Its Office At Sms Medical College, Jln Marg, Jaipur- 302004. ----Respondents D.B. Special Appeal Writ No. 678/2024

Jatin S/o Shri Jitendra Singh, State Registration Id Rm5630, Neet Roll No. 923220472, College Allotment Gmc Banswara, Through Neet Ug Medical And Dental Admission / Counselling Board, 2024, Sms Medical College, J.l.n. Marg, Jaipur. Permanent R/o Village Gopalpura, Tehsil Buhana, District Jhunjhunu, Rajasthan.

6. Versus ----Appellant Union Of India, Department Of Higher Education, Ministry Of Education, Govt. Secretariat, New Delhi, Through Its Secretary. Senior Director (Exams), National Testing Agency, First Floor, Nsic-Mdbp Building, Okhla Industrial Estate, New Delhi, Delhi 110020 Chief Additional Education Department, Government Secretariat, Main Building, Jaipur (Raj.) Secretary, Medical Chairman, Neet Ug Medical And Dental Admission / Counseling Board, 2024, S.m.s. Medical College, J.l.n. Marg, Jaipur. Neetu Swami D/o Shri Chhoturam, State Registration Id Rm106409, Neet Roll No. 923210405, College Allotment Gmc Dholpur, Through Neet Ug Medical And Dental Admission / Counseling Board 2024, Sms Medical College J.l.n. Marg, Jaipur. Kanchan Kumawat Daughter Of Shri Krishan Gopal Kumawat, Aged About 18 Years, Resident Of Palsana, District Sikar (Raj.) ----Respondents D.B. Special Appeal Writ No. 689/2024 Neetu Swami Daughter Of Shri Chhoturam, Aged About 20 Years, R/o Dhani Mishra Wali ,village-Avanishi ,sanwalpura Tanwaran, Neemkathana,sikar, State Registration Id Rm10649, Neet Roll No. 923210405, College Allotment Gmc Dholpur, Through Neet Ug Medical And Dental Admission / Counseling Board, 2024, Sms Medical College, J.l.n. Marg, Jaipur. Versus ----Appellant

1. Union Of India, Department Of Higher Education, Ministry Of Education, Govt. Secretariat, New Delhi, [2025:RJ-JP:37003-DB] (3 of 16) [SAW-750/2024]

6. Through Its Secretary. Senior Director (Exams), National Testing Agency, First Floor, Nsic-Mdbp Building, Okhla Industrial Estate, New Delhi, Delhi 110020 Chief Additional Education Department, Government Secretariat, Main Building, Jaipur (Raj.) Secretary, Medical Chairman, Neet Ug Medical And Dental Admission / Counseling Board, 2024, Sms Medical College, J.l.n. Marg, Jaipur. Kanchan Kumawat Daughter Of Shri Krishan Gopal Kumawat, Aged About 18 Years, Resident Of Palsana, District Sikar (Raj.). Jatin Son Of Shri Jitendra Singh, State Registration Id Rm5630, Neet Roll No. 923220472, College Allotment Gmc Banswara, Through Neet Ug Medical And Dental Admission/ Counselling Board, 2024, Sms Medical College, J.l.n. Marg, Jaipur, Rajasthan, At Present R/o Ward No 01, Gopalpura, Buhana, District Jhunjhunu, Rajasthan. ----Respondents D.B. Special Appeal Writ No. 695/2024 Rajasthan Neet Ug Medical And Dental Admission/counseling Board-2024, Through Its Chairman Having Its Office At Sms Medical College, Jln Marg, Jaipur 302004

4. Versus ----Appellant Rahul Gupta S/o Shri Jyoti Prakash Gupta, Aged About 20 Years, Resident Of Laxminagar Officers Colony, Barmer (Raj). State Of Rajasthan, Through The Principal Secretary, Medical Education Department, Government Secretariat, Jaipur. National Medical Commission, Through Its Chairman, Pocket-14, Sector-8, Dwarka Phase-1, New Delhi 110077. Madhav Sharma S/o Hemant Kumar Sharma, (Allotted Government Medical College, Dausa On Management Seat) Through The Chairman, Rajasthan Neet Ug Medical And Dental Admission/counseling Board 2024 Having Its Office At Sms Medical College, Jln Marg, Jaipur-302004. ----Respondents D.B. Special Appeal Writ No. 738/2024 The Chairman, Neet Ug Medical And Dental Admission/ Counselling Board-2024, Sms Medical College, Jln Marg, Jaipur. [2025:RJ-JP:37003-DB] (4 of 16) [SAW-750/2024] Versus ----Appellant

4. Yashpreet Dhruv S/o Shri Kailash Chand Sejwal, Aged About 18 Years, R/o Village And Post Januthar, Tehsil Januthar, District Deeg (Rajasthan) The Chairman, National Medical Council, Dwarika Sector- 8, Delhi. The Director, Medical Education, Pink Square Mall, Opposite Sms Hospital, Jaipur. Daksha D/o Prakash Kumar, Through Director, Medical Education, Pink Square Mall, Opposite Sms Hospital, Jaipur. ----Respondents For Appellant(s) : Mr. B.S. Chhaba, AAG with For Respondent(s) Mr. Avinash Choudhary, Adv. Mr. Hardik Singh, Adv. Ms. Mansi Sharma, Advocate Mr. Girraj P. Sharma, Adv. with Ms. Sneha Gulati, Adv. Ms. Nikita Sharma, Adv. Mr. Sanjay Khedar, Adv. Mr. Raghu Nandan Sharma, Adv. with Mr. Abhinav Shrivastava, Adv. Ms. Kritika Rajawat, Adv. Mr. Ayush Bishnoi, Adv. : Mr. Vikash Ghosalya, Adv. Mr. Devesh Yadav, Adv. Mr. Vishwas Saini, Adv. for Mr. M.S. Raghav, Adv. Mr. Vivek Joshi, Adv. with Mr. Om Prakash Sharma, Adv. & Ms. Preeti Sharma, Adv. Mr. Tanveer Ahamad, Adv. with Mr. Dayaram Bhaskar, Adv. Mr. Arbaz Khan, Adv. Mr. Jeetendra Kumar Sharma, Adv. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT REPORTABLE Order 11/09/2025 [2025:RJ-JP:37003-DB] (5 of 16) [SAW-750/2024]

1. The present appeals which were clubbed together to be heard and decided, assail the judgment dated 14.11.2024 passed by the learned Single Judge in the bunch of writ petitions, whereby the learned Single Judge allowed the writ petitions with a direction to the States to consider the candidature of the writ petitioners strictly on the basis of merit scored by them in NEET UG Examination, 2024 and allot medical colleges considering the same and the admissions already granted to the concerned respondents were set aside.

2. Feeling aggrieved the concerned students, who have been admitted to the medical college in the Stray Vacancy Round of counselling as well as the Rajasthan NEET UG Medical And Dental Admission/Counselling Board are before us in these appeals.

3. We may notice that at the interim stage, the Division Bench protected the admissions granted to the appellants and they are continuing their studies.

4. The brief facts which need to be noticed are that the NTA had issued a public notice dated 09.02.2024 inviting applications from PAN India candidates for the NEET-UG Examination, 2024. As per the admission criteria, three rounds of counselling according to the merit were to be conducted. The candidates were informed during counselling and while registering themselves about the enclosures which are required to be submitted along with the application form.

5. It would be apposite to quote the said enclosures instructions:- “1. NEET 2024 Score Card 2. Allotment Letter [2025:RJ-JP:37003-DB] (6 of 16) [SAW-750/2024]

3. Mark sheet(s)of 10+2(senior school certificate examination) or its equivalent bearing Biology as one of the subjects(if passed, in more than one attempt, all mark sheets are required) 4. Date of Birth Certificate: 10th class mark sheet/certificate or any other equivalent showing the date of birth 5. Mark sheet of secondary examination(10th Class) 6. Mark sheets of Class 11 bearing Biology as one of the subjects(if passed in more than one attempt, all mark sheets are required) 7. Certificate/Document providing your eligibility as selected by you at the time of filing on-line application form (I to XI)-as given under serial 3 under other eligibility criteria in the information booklet 8. Copy of the photo ID (driving license/Pan card/ Voter Card/ Govt. or PSU Card/ School ID Card/ 12th Class examination/ admit card/ Aadhar Card) 9. Valid Caste Certificate, sub-category certificate, if applicable 10. Domicile certificate, if applicable 11. 4 Passport size photo same as affixed on application 12. Valid PwD certificate issued by 16 centers designated by MCC for NEET 2024, if applicable 13. Valid WDP/ WPP certificates, if applicable 14. Valid EWS certificate, if applicable 15. Bond/ Bank Guarantee as per the applicable Proforma”

6. It may be noted that the respondent-writ petitioner Kanchan Kumawat had locked her application form on 21.08.2024 and had got herself registered wherein she was notified of the aforesaid instructions.

7. After the three rounds of counselling, all the appellants- Board notified stray vacancy round allotment procedure on

23.10.2024 for MBBS and BDS courses, wherein the Schedule for stray vacancy round was notified. It would be apposite to notice the entire Schedule and the conditions as the same would be relevant for the adjudication: "Government of Rajasthan Office of the Chairman, NEET UG Medical & Dental Admission/Counseling Board 2024 SMS Medical College, JLN Marg Jaipur 302004 Phone: 0141-2619020 Websites: https://medicaleducation.rajasthan.gov.in/me/#/ hoMe/dptHome | www.rajugneet2024.org No. State UG Counseling Board/2024/ Dated: 23.10.2024 [2025:RJ-JP:37003-DB] (7 of 16) [SAW-750/2024] NOTIFICATION NEET UG (MEDICAL / DENTAL) COUNSELLING 2024 (MBBS, BDS) – Stray Vacancy Round (STATE OF RAJASTHAN) In continuation to earlier notifications, Stray vacancy round allotment procedure for MBBS and BDS courses will be carried out as per the schedule given below: SCHEDULE (Stray vacancy round) From 24.10.2024

26.10.2024 (6.00 pm) 26.10.2024 (11.55 pm) 25.10.2024 27.10.2024

25.10.2024 27.10.2024 (auto- locking at 5.00 pm on 27.10.2024 ) (Registration) Application 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 filled and form must be completed. Candidates who could not complete both the parts (Part 1 and Part 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 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. Last date for depositing the application fee at the website Last date for submitting the on-line application form at the website Provisional Vacant Seat Matrix after Round 3 Publishing of provisional list (State combined, OBC, MBC, EWS, SC, ST, STA) (PwD, Defence/Para Military, NRI - subject to vacancy) Security Deposit Deposition of security amount as given in the Information Booklet (applicable during choice filling for MBBS seats BDS seats) as well as for UR/EWS, SC/ST/ST- Rs. 50,000/- 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. [2025:RJ-JP:37003-DB] (8 of 16) [SAW-750/2024] 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 College, RUHS CMS, RUHS CDS, ESIC MC and in Geetanjali Medical College Govt. seat (1 seat) and Private Dental College] All newly registered / re-registered candidates willing to participate must deposit the applicable security amount. Candidates who deposited the applicable security amount in Round 1 / Round 2 (except security candidates whose 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. filling Choice On-line Choice filling (including filling up and saving of the choices / changing the filled choices multiple times) Note: Choices filled by the candidate in Round 1 / Round 2 / Round 3 will not be considered for Stray Vacancy Round allotment. Following candidates are eligible for Stray Vacancy Round and must fill choices to participate in Stray Vacancy Round: 1. Registered candidate who did not get allotment in Round 1 / Round 2 / Round 3

2. Registered candidate who got allotment in Round 1 and exited without forfeiture or resigned without forfeiture of security amount on not upgrading in Round 2 (who resigned upto 29.09.2024 upto 5.00 pm) and did not get any allotment in Round 3 3. Registered candidate who got allotment / upgraded in Round 2 and did not join and not allotted any seat in Round 3 (on re- registration)

4. Newly registered candidate 5. Re-registered candidate (as per norms)

25.10.2024 27.10.2024 (auto- locking of choices at 11:45 pm 27.10.202 4) [2025:RJ-JP:37003-DB] (9 of 16) [SAW-750/2024] Candidates participating in Stray vacancy round must fill choices keeping in view the choices also for the virtual vacancies that may arise due to exhaustion of NRI / PwD / Category candidates. Defence/PM Document verification – at Academic Block, SMS Medical College, Jaipur, for Defence/PM candidates as per the notification candidates (subject to vacancy) candidates Candidates must present themselves physically for document verification as per the list to be made available at the website PwD Verification of Disability certificate (issued by centers approved by MCC) of persons with disabilities (PwD) candidates of all categories at Academic Block, SMS Medical College, Jaipur, as per the notification to vacancy) (subject (subject candidates to vacancy) All PwD candidates must present themselves physically for document verification as per the list to be made available at the website NRI Document verification – at Academic Block, SMS Medical College, Jaipur, for NRI candidates as per the notification and list to be made available at the website Printing of the on-line application form after auto-locking of the choices filled and saved by the candidates Verification and submission of original documents (off-line) of all registered candidates willing to participate in Stray Vacancy Round, at Academic Block, SMS Medical College, Jaipur Note: Documents of candidates who wish to participate in stray vacancy round will be kept by the counselling board after verification. Candidate shall also submit a Bond in prescribed format available at website. Publishing of Stray vacancy round allotment information on website (on-line) Printing of allotment letter, on-line, through website, by the candidates Deposition of prescribed one year tuition fee by allotted candidates through NEFT and RTGS only (No other mode of fee deposition will be accepted) Reporting, document submission (including prescribed eligibility criteria) at the allotted college desk at Academic Block, SMS Medical College, Jaipur along with printout of allotment letter, all original documents, required bonds etc. and 2 copies of application form along with photocopies of all relevant documents as listed in information booklet Returning of Documents to candidates who have not been allotted a seat in Stray vacancy round

28.10.2024 (9.00 am)

28.10.2024 (9.00 am)

28.10.2024 (9.00 am)

27.10.2024

28.10.2024 , 9.00 am 12.00 noon

30.10.2024

30.10.2024 04.11.2024 5:00 pm 30.10.2024 04.11.2024 5:00 pm 04.11.2024 05.11.2024 (9.00 am to 5.00 pm)

01.11.2024 03.11.2024 [2025:RJ-JP:37003-DB] (10 of 16) [SAW-750/2024] Commencement of academic session

04.11.2024 (10.00 am to 4.00 pm) 01.10.2024

1. Refer information booklet, college information sheet and college fee structure etc. and other information at the website. Regarding fee, also refer order dated 19.05.2022 of Hon’ble Supreme Court in civil appeal no. 3978-3995/2017.

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.

3. All fresh candidates are required to deposit non-refundable application fee of INR 2500/- (INR 1500/- for SC, ST, ST-STA category candidate of Rajasthan state domicile) + applicable transaction charges.

4. Candidates allotted / upgraded in round 3 but not joined will not be allowed to participate in Stray vacancy round. 5. Candidates having joined status after round 3 will not be allowed to participate in Stray vacancy round.

6. A candidate allotted a seat in stray vacancy round does not join the allotted seat shall be debarred from participating in the State counseling process for next one year, along with forfeiture of security amount and bond conditions shall be applicable. joins the course on allotment

7. Candidate who in stray vacancy round, shall not be allowed to resign the course (including returning of original documents) on or before the last date of admissions as scheduled by MCC/NMC/DCI and conditions of bond shall be applicable.

8. No candidate can join two colleges/institutes at the same time. At the time of stray vacancy round allotment process, such candidates who have registered for the state counseling and who have joined other college/institute (as on a specified date) through All India counseling or any other counseling shall not be eligible for allotment in stray vacancy round. limited conditions

9. Only for ready reference have been mentioned in this notification. For complete details / conditions, candidates are required to read the information booklet carefully.

10. The candidates are advised to visit the website www.rajugneet2024.org regularly for all relevant information. Important: Candidates eligible to participate in Stray Vacancy Round must fill fresh choices in Stray vacancy round. The choices filled by a candidate in earlier round(s) shall be scraped and will not be considered for Stray vacancy round. If a candidate does not fill fresh choices for Stray vacancy round then he/she will not be considered for allotment. [2025:RJ-JP:37003-DB] (11 of 16) [SAW-750/2024] Chairman NEET UG Medical & Dental Admission/Counseling Board-2024"

8. It seems that both the appellants in the connected appeals as well as the respondents had participated in the stray vacancy round, however, while the appellants were able to produce certificates mentioned in Class XI examination mentioning that they were regular students in Science stream with one subject of Biology. The respondents-original writ petitioners were not able to produce such a certificate, till the date of verification of documents, as notified to be 28.10.2024. The verification and submission of original documents was to be made within a period from 9:00 AM to 12:00 noon. However, as the case has been set up by the respondents-writ petitioners, they were able to obtain the said certificate only on 29th/30th/31th October, 2024. Having the requisite certificate with them, they approached the Court stating that as they were more meritorious than the appellants- writ respondents, they should have been admitted and the requirement of producing the certificate of Class XI with Biology, as a subject was not of such a nature which could deprive them of the rightful admission on the basis of their higher merit.

9. The Learned Single Judge has allowed the writ petitions with the observations that merit cannot be departed and even if the certificate had been produced later on, the same could be accepted and the admission given to the students who are less meritorious than the writ petitioner (respondents herein) was unjustified. [2025:RJ-JP:37003-DB] (12 of 16) [SAW-750/2024]

10. Learned Additional Advocate General appearing for the Board submits that time schedule laid down by the Admission Board is sacrosanct. All the candidates who are aspiring to get admitted are required to possess the requisite documents which would reflect their eligibility for the purpose of admission. It is stated that as the candidates were already informed at the time of registration about the necessary documents which would be looked into for the purpose of verification two months earlier to the actual date of verification, denial of admission of the writ petitioners was justified, as they did not produce the requisite documents. Directing to grant them admission after the last date was over and removing the candidates who possessed all the necessary documents, is therefore, unjustified.

11. The counsels appearing for the respective candidates, who have already been admitted in the UG course adopted the same arguments and further submitted that so far as the writ petitioners are concerned, they had passed the Class XI examination in the year 2021 and therefore, they were required to be vigilant enough to have a correct certificate much earlier than the admission process of 2024 commenced. It cannot be stated that at the last moment they would produce a document which was required to be produced way back and on the said basis of default, the admissions already granted to the appellants, ought not to be disturbed.

12. Per contra, the learned counsel for the respondents submits that it is not their fault that correct certificate was not issued to them of Class XI. In their Class XI certificate, the subject of [2025:RJ-JP:37003-DB] (13 of 16) [SAW-750/2024] biology was not printed earlier and they had applied for a correct certificate which took time and on account of the delay in issuing certificate to them, they should not be made to suffer and their merit should not be ignored. The persons having lesser merit cannot be allowed to march over them. More so, as the erroneous certificate was issued to them by the Board where the subject of biology was not mentioned earlier, they further submit that correct certificate was also produced before the last date of publication of the final admission list, which was on 30.10.2024. They had produced the certificates and such certificates ought to have been taken into consideration for granting them admission. Learned counsels therefore, supports the judgment passed by the learned Single Judge and submits that as one year has gone by, even if the admissions of the appellants are protected they deserve to be given admission in the subsequent order by increasing the number of seats for NEET, 2025. They rely on the judgment passed by Hon’ble Supreme Court in the case of Vansh S/o Prakash Dolas Vs. The Ministry of Education & The Ministry of Health and Family Welfare & Ors: 2024 INSC 235.

13. We have considered the contentions.

14. It is a case, where the admission process is duly notified for NEET, 2024. The admissions are done by getting registration of candidates, who are interested to get admitted in the State quota seats by filing online application. The required documents which are necessary for admission are mentioned at the time of filing of application itself. As noticed, the list of enclosures as applicable has been specifically stated which includes a mark sheet of Class [2025:RJ-JP:37003-DB] (14 of 16) [SAW-750/2024] XI wherein biology as one of the subjects. The writ petitioner- Kanchan Kumawat whose case was taken as the lead case for deciding the bunch of writ petitions by the learned Single Judge, had duly applied and it is her application that the enclosures are notified to her. Similar notification was available for all. The said application was published in August, 2024, hence it was incumbent upon the students who were applying to possess such a certificate. If the candidates would have vigilant and noticed that the certificate does not mention the subject of biology of Class XI, he or she could have got the correction done and sufficient time of two months was available. However, it seems that the casual attitude, which we find to be a common symptom available in the students of this Z generation had resulted in this litigation coming before us. The candidates only slept till they came out of their slumber on the last date after having obtained it on 29th/30th/31th of October. They have approached this Court for seeking an admission. The schedule was already notified for stray round vacancies on 23.10.2024. The competition for admission in medical courses is immense. Where one candidate does not possess the requisite qualification and the next one who is in merit has to be given admission. The admitting authorities cannot choose upon themselves to wait for candidates to bring their documents beyond the time as laid down in the schedule.

15. We noticed that the time was duly notified by the admission Board and none of the writ petitioners has raised any objection relating to the time schedule. In these circumstances, on account of their own casual approach, admission procedure cannot be [2025:RJ-JP:37003-DB] (15 of 16) [SAW-750/2024] faulted. We, therefore, do not find that the Board has committed any irregularity or illegality in giving admission to the next candidate who possessed all the documents and whose form was inwarded. The learned Single Judge’s order, therefore would not be sustainable in law.

16. The contention raised by learned counsel for the respondents in the alternative relief on Vansh S/o Prakash Dolas Vs. The Ministry of Education & The Ministry of Health and Family Welfare & Ors (supra) is also not tenable in law. In Vansh S/o Prakash Dolas Vs. The Ministry of Education & The Ministry of Health and Family Welfare & Ors. (supra), the Apex Court followed the judgment passed in S. Krishna Sradha vs. State of Andhra Pradesh & Ors: AIR 2020 SC 47 wherein the Hon’ble Supreme Court held as under:- “13.2 Under exceptional circumstances, if the court finds that there is no fault attributable to the candidate and the candidate has pursued his/her legal right expeditiously without any delay and there is fault only on the part of the authorities and/or there is apparent breach of rules and regulations as well as related principles in the process of grant of admission which would violate the right of equality and equal treatment to the competing candidates and if the time schedule prescribed – 30 th September, is over, to do the complete justice, the Court under exceptional circumstances and in rarest of rare cases direct the admission in the same year by directing to increase the seats, however, it should not be more than one or two seats and such admissions can be ordered within reasonable time, i.e., within one month from 30th September, i.e., cut off date and under no circumstances, the Court shall order any Admission in the same year beyond 30 th October. However, it is observed that such relief can be granted only in exceptional circumstances and in the rarest of rare cases. In case of such an eventuality, the Court may also pass an order cancelling the admission given to a candidate who is at the bottom of the merit list of the category who, if the admission would have been given to a more meritorious candidate who has been denied admission illegally, would not have got the admission, if the Court deems it fit and proper, however, after giving an opportunity of hearing to a student whose admission is sought to be cancelled. 13.3 In case the Court is of the opinion that no relief of admission can be granted to such a candidate in the very academic year and wherever it finds that the action of the authorities has been arbitrary and in breach of the rules and regulations or the prospectus affecting the rights of the students and that a candidate is found to be meritorious and such candidate/student has approached the court at the earliest [2025:RJ-JP:37003-DB] (16 of 16) [SAW-750/2024] and without any delay, the court can mould the relief and direct the admission to be granted to such a candidate in the next academic year by issuing appropriate directions by directing to increase in the number of seats as may be considered appropriate in the case and in case of such an eventuality and if it is found that the management was at fault and wrongly denied the admission to the meritorious candidate, in that case, the Court may direct to reduce the number of seats in the management quota of that year, meaning thereby the student/students who was/were denied admission illegally to be accommodated in the next academic year out of the seats allotted in the management quota.

17. Thus, if this Court would have reached to the conclusion that there has been an arbitrary exercise of power or there has been a breach of Rules on the part of the Admission Board, the benefit of extending the admission to the respondents in the subsequent year could have been granted but as we have reached to the conclusion that there is no fault on the part of the Admission Board, no relief for admission in the subsequent year can be granted to the respondents.

18. In view of the aforesaid findings, we unable to sustain the view taken by the learned Single Judge and set aside the judgment and order dated 14.11.2024.

19. Vide interim order, the appellants were allowed to continue to pursue their studies. We, accordingly, hold their admissions to be in accordance with law.

20. Accordingly, the present Special Appeals (Writ) are allowed.

21. All pending application(s), if any, stand disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/18, 33-37