[2024:RJ-JP:46833]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 17069/2024

Kanchan Kumawat Daughter of Shri Krishan Gopal Kumawat,

Aged About 18 Years, Resident of Palsana, District Sikar (Raj.)
----Petitioner
Versus
1. Union of India, Department of Higher Education, Ministry
of Education, Govt. Secretariat, New Delhi, Through Its
Secretary.
2. Senior Director (Exams), National Testing Agency, First
Floor, NSIC-MDBP Building, Okhla Industrial Estate, New
Delhi, Delhi 110020
3. Additional Chief Secretary, Medical Education Department,
Government Secretariat, Main Building, Jaipur (Raj.)
4. Chairman, Neet UG Medical And Dental Admission /
Counseling Board, 2024, SMS Medical College, J.L.N.
Marg, Jaipur.
5. 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.
6. 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

S.B. Civil Writ Petition No. 17208/2024

Rohit Choudhary S/o Shri Khema Ram, Aged About 19 Years,

Resident of Ghoslya Ki Dhani, Village Nangal Govind, Tehsil-
Chomu, Dist-Jaipur-303602 (Raj).
----Petitioner
Versus
1. State of Rajasthan, Through The Principal Secretary,

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Medical Education Department, Government Secretariat,

Jaipur.
2. Rajasthan Neet UG Medical And Dental
Admission/counseling Board-2024, Through Its
Chairman Having Its Office At SMS Medical College, JLN
Marg, Jaipur- 302004.
3. National Medical Commission, Through Its Chairman,
Pocket-14, Sector-8, Dwarka Phase-1, New Delhi-
110077
4. Akash Sahu Teli S/o Babu Lal Teli, (Allotted Government
Medical College, Banswara on Government
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

S.B. Civil Writ Petition No. 17037/2024

Rahul Gupta S/o Shri Jyoti Prakash Gupta, Aged About 20

Years, Resident of Laxminagar Officers Colony, Barmer-
344001 (Raj.)
----Petitioner
Versus
1. State of Rajasthan, Through The Principal Secretary,
Medical Education Department, Government
Secretariat, Jaipur.
2. Rajasthan Neet UG Medical And Dental Admission/
Counseling Board-2024, Through Its Chairman Having
Its Office At SMS Medical College, JLN Marg, Jaipur-
302004.
3. National Medical Commission Through Its Chairman,
Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-
110077.
4. 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.

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----Respondents

S.B. Civil Writ Petition No. 17029/2024

Yashpreet Dhruv S/o Shri Kailash Chand Sejwal, Aged About
18 Years, R/o Village And Post Januthar, Tehsil Januthar,
District Deeg (Rajasthan)
----Petitioner
Versus
1. The Chairman, National Medical Council, Dwarika
Sector-8, Delhi.
2. The Director, Medical Education, Pink Square Mall,
Opposite SMS Hospital, Jaipur.
3. The Chairman, Neet UG Medical And Dental Admission/
Counselling Board-2024, SMS Medical College, JLN
Marg, Jaipur.
4. Daksha D/o Prakash Kumar, Through Director, Medical
Education, Pink Square Mall, Opposite SMS Hospital,
Jaipur.
----Respondents

For Petitioner(s) : Mr. Vivek Joshi

Mr. Tanveer Ahamad
Mr. Vikash Ghosalya with
Mr. Prithvi Pal
Mr. Jeetendra Kumar Sharma
For Respondent(s) : Mr. Vigyan Shah, AAG with
Mr. Yash Joshi
Mr. Devesh Yadav, CGC
Mr. M.S. Rghav for NTA with
Mr. Vishvas Saini
Mr. Sanjay Khadar for respondent
No.5
Mr. Angad Mirdha for NMC
Mr. Abhinav Srivastava for
Mr. Raghunandan Sharma, for
respondent No.6

HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

REPORTABLE

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Reserved on : 12/11/2024
Pronounced on : 14/11/2024

1. Considering the identical issue of facts and law

involved, the instant petitions were clubbed together and S.B.

Civil Writ Petition No. 17069 of 2024 titled as Kanchan

Kumawat Vs. Union of India and ors. was taken as the lead

file. For the sake of expediency and handiness the instant petitions

are adjudicated by way of this judgment and the same shall be

made applicable mutatis mutandis upon the petitions.

2. The germane facts for consideration of the instant

matter is that the respondent-NTA had issued a public notice

dated 09.02.2024 (Annexure-1) inviting applications from PAN

India candidates, for NEET-UG, Examination, 2024. The petitioners

with high aspirations and upon attaining/possessing requisite

eligibility appeared in the said examination. Successively, after

conducting the general counseling, vide notification dated

23.10.2024, the respondents issued information (in continuation

of the erstwhile notification) for a Stray Vacancy Round allotment

process for MBBS and BDS courses (Annexure-7). Consequentially,

the petitioners were called for document verification process which

was scheduled to be conducted on 28.10.2024, 09.00 AM to 12.00

Noon.

3. In this backdrop, learned counsel appearing for the

petitioners have averred that it is undisputed that the petitioners

are higher in merit than the respondent nos. 5 and 6. It was

further contended that at the time of document verification in the

Stray Vacancy Round, the petitioners appeared before the

officials/subordinate employees of the respondents and have

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furnished the documents (Class X and XII mark-sheets, Domicile

Certificate, Transfer Certificate and Caste Certificate etc.).

Nonetheless, a subordinate employee of the respondents during

the said document verification session had asked the petitioner-

candidates, to furnish an affidavit, as the subject ‘Biology’ was not

mentioned in the XI Class mark-sheets submitted by the

petitioners. Howsoever, the petitioners had duly informed the said

authority that they were promoted from Class XI to Class XII

amidst COVID-19 pandemic situation moreover, the same was

made applicable to all the students enrolled for that academic year

as directed by the Central and State Government.

4. Learned counsel had further apprised the Court with

the fact that the petitioner had submitted an affidavit dated

28.10.2024 (Annexure-10) along with the bond for MBBS/BDS

allotment (Annexure-11) as directed, by the respondents.

Moreover, in the Provisional Combined Merit List (Revised)

released by the respondents, the name of the petitioner (in the

lead file) was reflected at (State Merit) serial no. 3647 [OBC (NCL)

category] (Annexure-12). Subsequently, Provisional Combined

Allotment list for College allotment was released by the

respondents on 30.10.2024, however, the candidature of the

petitioner was ousted from that list albeit her name was reflected

in the first list and she had furnished requisite documents.

5. The petitioner presented her grievance vis-à-vis the

aforementioned action of the respondents via mail on 30.10.2024

and 31.10.2024 (Annexure-15 and 16 respectively) however, no

heed was paid qua the same. It was also apprised that the

chronology of the events categorically depicts that all of the said

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selection process was initiated and culminated during the festive

time of Deepawali, therefore, it was impossible to approach any of

the authorities in-person, as public and office holidays were

ongoing.

6. It was further contended that albeit the petitioner(s)

was/were meritorious candidates, her/their candidature was

ousted and respondent nos. 5 and 6 were given preference, which

is intrinsically an act of violation of the fundamental rights of the

petitioner(s) as enshrined under the provisions of Article 14 and

21 of the Constitution of India. In support of the contentions made

insomuch learned counsel for the petitioners have placed reliance

upon the interim order passed in S.B. Civil Writ Petition No.

17029/2024 titled as Yashpreet Dhruv Vs. the Chairman,

National Medical Council & Ors. Further, learned counsel had

averred that the respondents-Counseling Board have provided

zilch opportunities to the petitioners during the said Stray Vacancy

Round to furnish the certificate in the anticipated/prescribed

format conversely, reasonable time was provided qua the

candidates who appeared in the First, Second and Third round of

counseling throughout India.

7. Lastly, learned counsel have profoundly relied upon the

dictum encapsulated in Civil Appeal No. 5055 of 2012 [Arising

out of SLP (Civil) No. 7440 of 2012] titled as Asha Vs. Pt.

B.D. Sharma University of Health Sciences & Ors. and have

averred that the petitioners have meticulously prepared and

appeared for the said examination and have even stood

meritorious. Moreover, merit scored by the candidate should be

the exclusive criteria for allocation of seats.

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8. Converse to the contentions made insofar, learned

counsel appearing for respondent-State, NMC and NTA have drawn

the attention of this Court upon the Information Bulletin issued

along with the notification dated 23.10.2024 and the Minimum

Requirements For Annual M.B.B.S Admissions Regulation, 2020

(issued by NMC along with the application form) (Annexure-6)

and have averred that the said documents explicitly notes that

Class XI mark-sheet along with the relevant subjects, is

mandatory to be submitted during the said document verification,

to be eligible to obtain a seat in the said Stray Vacancy Round.

9. Moreover, considering the protracted controversies

alleged and involved qua the NEET-UG Examination, 2024 and

even otherwise, Hon’ble Apex Court has unconditionally opined

that time plays a vital role in such examinations, therefore, the

schedule has to be strictly abided and endeavors are ought to be

made that zilch modification in the time schedule and lists, is to be

carried out. It was further contended that any

change/alteration/modification in the said list shall have a PAN

India repercussions.

10. It was further contended that unlike the prior First,

Second and Third Round of counseling, the instant Stray Vacancy

Round does not establish any vested or absolute rights qua the

petitioners for allocation of the seats. At this juncture, learned

counsel had placed reliance upon the additional affidavit furnished

by the Chairman, Counseling Board wherein, it is unambiguously

stated that in total 920 candidates appeared for their document

verification, and out of the over-all candidates who appeared

merely 878 were found eligible and approximately 19 candidates

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have not submitted their Promotion Certificate revealing ‘Biology’

as one of the subjects that they have studied in their XI Class.

11. In support of the contentions made insofar learned

counsel have placed reliance upon the ratio enunciated in

Ramkrishna Medical College Hospital & Research Centre Vs.

State of Madhya Pradesh & Ors. registered as SLP (C)

No.11785/2024, S.B. Civil Writ Petition No.18396/2024

titled as Premsukh Vs. Union of India & Ors. and (2020) 17

SCC 465 titled as S. Krishna Sradha Vs. State of Andhra

Pradesh & Ors.

12. Heard and considered.

13. Before embarking upon the process of adjudication, it

would be appropriate to delineate the attending factual matrix and

the chronological incidents. The same are noted as follows:

13.1 The lis before this Court is that can the certificate

submitted by the petitioner on 31.10.2024 (undersigned by the

Principal, BVN Sr. Sec. School, Sikar) be considered valid and

render the petitioners’ eligible, especially when the respondents

have granted a miniscule period to attain the said certificate

moreover, when the petitioner is higher in merit than the

respondent nos. 5 and 6.

13.2 The chronology of events is tabulated herein below:

Public Notice dated Advertisement by the

09.02.2024 respondents, inviting
applications for NEET UG,
Examination 2024.
Cut-off date – 09.03.2024
Notification dated Counseling for NEET UG
14.08.2024 Examination, 2024
Notification dated Stray Vacancy Round
23.10.2024 Counseling for MBBS, BDS –

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NEET UG Examination, 2024

26.10.2024 (11.55 P.M.) Cut-off date for applicants
for online submission of
their application forms.
25.10.2024 Provisional Vacant Seat
Matrix after round 3
27.10.2024 Publication of Provisional
Merit List
28.10.2024 (09.00 A.M. Document verification and
to 12.00 Noon) submissions of documents
along with the bond.
30.10.2024 Publication of Stray Vacancy
Round allotment
Information on web-site
(Online).

13.3 Upon a bare perusal of the afore-tabulated information,

it can be deduced that the respondents have scheduled and

conducted the said document verification/Stray Vacancy Round in

a great haste during the period of public and office holidays on

account of Deepawali. Withal, no sufficient or reasonable time was

granted by the respondents, and no prudent person can obtain the

said Provisional Certificate from the school authorities, especially

within the limited time provided and on dates where it was public

and office holidays.

13.4 This Court deems it apposite to consider the relevant

provisions of the General Clauses Act, 1897 for computation of

period. From a bare perusal of the relevant provisions it can be

deduced that the petitioners herein, have within the time i.e. a

day subsequent to the holidays (on 31.10.2024) have furnished

the Provisional Certificate in the format as warranted by the

respondents. Moreover, upon non-consideration of the said

certificate the petitioners have knocked the doors of this Court

without any deferment. Hence, no delay is caused by the

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petitioners. The relevant extract from the said statue is

reproduced herein below:

“10. Computation of time.—(1) Where, by any

[Central Act] or Regulation made after the
commencement of this Act, any act or proceeding
is directed or allowed to be done or taken in any
Court or office on a certain day or within a
prescribed period, then, if the Court or office is
closed on that day or the last day of the
prescribed period, the act or proceeding shall be
considered as done or taken in due time if it is
done or taken on the next day afterwards on
which the Court or office is open:

Provided that nothing in this section shall apply to

any act or proceeding to which the 6 Indian
Limitation Act, 1877 (15 of 1877), applies.

(2) This section applies also to all [Central Acts]

and Regulations made on or after the fourteenth
day of January, 1887.”

13.5 Upon a glance of the application form of the petitioner-

candidate it is noted that the relevant mandatory documents

which are expected to be with the candidates upon being

successful/meritorious in the said examination includes Class X

and XII’s mark-sheets (Annexure-1) and the same were duly

submitted by the petitioner-candidates.

13.6 Upon a perusal of the Provisional Merit List for Stray

Vacancy Round dated 30.10.2024 it is deduced that the

candidates (respondent no. 5 and 6) who are less meritorious than

the petitioners, are allotted with Colleges of their preference and

the candidature of the petitioners is ousted merely on account of

non-submission of adequate mark-sheet i.e. Class XI mark-sheet

with ‘Biology’ as one of the subjects studied by the petitioner.

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13.7 Nevertheless, it is an undisputed fact that the

petitioner(s) have completed their Senior Secondary schooling

amidst the COVID-19 pandemic. During that time, the Central and

the State government had encouraged students to attend their

lectures virtually, and all the students enrolled during that

academic year were merely promoted to the next class as per the

directions spelled out in order no. 66191/2020-21/14.04.2021

issued by the Director, Secondary Education, Bikaner, Rajasthan

(Annexure-17). It is pertinent to note that the said format,

circulated by the State Government had no column of any subject

description, therefore no subject was mentioned in the Up-

gradation Certificate of the petitioner of Class XI. For the sake of

convenience the relevant extract from the order dated 10.04.2020

undersigned by Director, Secondary Education, Bikaner, Rajasthan,

is reproduced herein below:

“dksjkuk egkekjh (COVID-19) ds laØe.k ls cpko ,oa jksdFkke gsrq ykWd Mkmu ds
dkj.k d{kk ØeksUufr izko/kkuksa esa l= 2019&20 gsrq ,dckjh; f”kfFkyu iznku djrs gq,]
mDr l= esa d{kk 9 ,oa 11 esa v/;;ujr leLr fo|kfFkZ;ksa dks ,rn~ }kjk vkxkeh d{kk
Øe”k%& d{kk 10 ,oa d{kk 12 esa ØeksUur djus dk fu.kZ; fy;k x;k gSA bl Øe esa
lacaf/kr laLFkk iz/kku fuEukafdr funsZ”kksa dh ikyuk lqfuf”pr djk,axs%&

1- l= 2019&20 esa d{kk 9 ,oa 11 esa fu;fer v/;;ujr~ fo|kfFkZ;ksa dks muds lexz
ewY;kadu] ds vk/kkj ij vkxkeh d{kk esa ØeksUur fd;k tkuk gSA bl gsrq laLFkk iz/kku }kjk
l= 2019&20 esa fo|kFkhZ ds vc rd ds lexz ewY;kadu ;Fkk& rhuksa ij[kksa] v)Zokf’kZd
ijh{kk] lg”kSf{kd xfrfof/k;ksa esa Hkkxhnkjh rFkk l= esa fo|kFkhZ ds lexz izn”kZu dks vk/kkj
cuk;k tk,xkA

2- fo|kFkhZ dh vkxkeh d{kk 10@12 esa ØeksUufr ds fy;s d{kk 9@11 esa Hkkjkad izfr”kr
fuEukuqlkj gksxk %&

Ø-la- fo’k; izR;sd fo’k; gsrq vdknfed Hkkjkad izfr”kr lg “kSf{kd fo|kFkhZ }kjk
fu/kkZfjr iw.kkZad v)Zokf’kZd rhuksa ij[k xfrfof/k ,oa l= vftZr
ijh{kk ds ds Hkkjkad esa fo|kFkhZ ds lexz izkIrkad
Hkkjkad izn”kZu gsrq Hkkjkad
izfr”kr
100 50 20 30

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¼1½ ¼2½ ¼3½ ¼4½ ¼5½ ¼6½ ¼7=4+5+6½

mnkgj.kkFkZ fdlh fo|kFkhZ ds fgUnh fo’k; esa v)Zokf’kZd ijh{kk esa iw.kkZad 70 esa ls izkIrkad
30 gS vkSj rhuksa ij[k esa iw.kkZad 30 esa ls izkIrkad 15 gSa rFkk lg”kSf{kd xfrfof/k ,oa l= esa
fo|kFkhZ ds lexz izn”kZu gsrq iznRr vad 25 gks] rks Hkkjkad dh x.kuk fuEukuqlkj dh
tk,xh%&

Ø-la- fo’k; izR;sd fo’k; gsrq vdknfed Hkkjkad izfr”kr lg “kSf{kd fo|kFkhZ }kjk
fu/kkZfjr iw.kkZad v)Zokf’kZd rhuksa ij[k xfrfof/k ,oa l= vftZr
ijh{kk ds ds Hkkjkad esa fo|kFkhZ ds lexz izkIrkad
Hkkjkad izn”kZu gsrq izkIrkad

100 50 20 30
¼1½ ¼2½ ¼3½ ¼4½ ¼5½ ¼6½ ¼7=4+5+6½
1 fgUnh 100 30X50/70= 15X20/3 25 57
21.4=22 0
=10

blh vuq:i izR;sd fo’k; dk vkdyu fd;k tkuk gSA

3- mi;qZDrkuqlkj lexz vkadyu dj d{kk 9 ,oa 11 ds leLr fo|kfFkZ;ksa dks vkxkeh d{kk
Øe”k% 10 ,oa 12 esa ØeksUur fd;k tk,xkA”

14. It is made unambiguous that the instant judgment shall

be made applicable on mutatis mutandis basis. Ergo, considering

the aforementioned facts and circumstances of the instant matter,

juxtaposing the averments raised by the learned counsel for the

parties (specially learned counsel representing the respondent

nos. 5 and 6 – in representational capacity); assiduously scanning

the record and judgments cited at the Bar; taking note of the fact

that the merit scored by respondent nos. 5 and 6 is 3695 and

3792 respectively (less than the petitioners herein) (Annexure-12

and 13) this Court deems it appropriate to allow the instant

petition for the following reasons:

14.1 That the non-submission of the said certificate by the

petitioners (belonging to rural background) during the period of

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document verification was beyond their control. Nevertheless,

while taking note of the period during which the said Stray

Vacancy Round counseling was scheduled (in-between 28.10.2024

and 03.11.2024) it can be straightforwardly construed that by any

endeavor the said certificate in the prescribed format, would have

not made available to the respondents amid the public and office

holidays (28.10.2024 – 03.11.2024). The said reasons are

uncontrollable by the petitioners. Nonetheless, the petitioners are

vigilant about their rights and remedies and have therefore,

approached this Court as soon as it was possible (soon after

Deepawali vacations).

14.2 Moreover, the Senior Secondary mark-sheet of the

petitioners categorically state ‘Biology’ as one of the subjects

studied by the petitioners, and the same was duly submitted by

the petitioners during the document verification. Withal, the

respondents have failed to substantiate the rationale behind the

mandatory provision for submitting Class XI mark-sheet depicting

‘Biology’ as one of the subjects studied by the petitioners,

especially when the same is undisputedly revealed in Class XII

mark-sheet.

14.3 Further, this Court is convinced with the averment

made by the learned counsel representing the petitioners that the

respondents (the NTA) have granted no time/limited time to

furnish the documents, albeit the same was granted in the

erstwhile three rounds of counseling.

14.4 Additionally, reliance can be placed upon the ratio

encapsulated in Asha (Supra), and it can be concluded that

having recorded that the petitioners are not at fault and they have

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pursued their rights and remedies as expeditiously as possible, the

cut-off date cannot be used as a technical instrument or tool to

deny admission to meritorious students. The relevant extract from

the said ratio is retreated herein below:

“31. There is no doubt that 30th September is
the cut-off date. The authorities cannot grant
admission beyond the cut-off date which is
specifically postulated. But where no fault
is attributable to a candidate and she is
denied admission for arbitrary reasons,
should the cut-off date be permitted to
operate as a bar to admission to such
students particularly when it would result
in complete ruining of the professional
career of a meritorious candidate, is the
question we have to answer. Having
recorded that the appellant is not at fault and
she pursued her rights and remedies as
expeditiously as possible, we are of the
considered view that the cut-off date cannot be
used as a technical instrument or tool to deny
admission to a meritorious students. The rule of
merit stands completely defeated in the facts of
the present case. The appellant was a
candidate placed higher in the merit list. It
cannot be disputed that candidates having
merit much lower to her have already been
given admission in the MBBS course. The
appellant had attained 832 marks while the
students who had attained 821, 792, 752, 740
and 731 marks have already been given
admission in the ESM category in the MBBS
course. It is not only unfortunate but apparently
unfair that the appellant be denied admission.
Though there can be rarest of rare cases or
exceptional circumstances where the
courts may have to mold the relief and
make exception to the cut-off date of
30
t

h
September, but in those cases, the Court
must first return a finding that no fault is
attributable to the candidate, the candidate
has pursued her rights and legal remedies
expeditiously without any delay and that
there is fault on the part of the authorities
and apparent breach of some rules,
regulations and principles in the process of
selection and grant of admission. Where

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denial of admission violates the right to equality

and equal treatment of the candidate, it would
be completely unjust and unfair to deny such
exceptional relief to the candidate. [Refer Arti
Sapru and Others v. State of J & K and others
[(1981) 2 SCC 484]; Chavi Mehrotra v. Director
General Health Services [(1994) 2 SCC 370];
and Aravind Kumar Kankane v. State of UP and
Others [(2001) 8 SCC 355].
36. Now, we shall proceed to answer the
questions posed by us in the opening part of this
judgment.
ANSWERS
a) The rule of merit for preference of courses
and colleges admits no exception. It is an
absolute rule and all stakeholders and concerned
authorities are required to follow this rule
strictly and without demur.
b) 30th September is undoubtedly the last
date by which the admitted students should
report to their respective colleges without fail.
In the normal course, the admissions must
close by holding of second counseling by 15 th
September of the relevant academic year [in
terms of the decision of this Court in Priya
Gupta (supra)]. Thereafter, only in very rare
and exceptional cases of unequivocal
discrimination or arbitrariness or pressing
emergency, admission may be permissible
but such power may preferably be
exercised by the courts. Further, it will be in
the rarest of rare cases and where the ends of
justice would be subverted or the process of
law would stand frustrated that the courts
would exercise their extra-ordinary jurisdiction
of admitting candidates to the courses after the
deadline of 30th September of the current
academic year. This, however, can only be done
if the conditions stated by this Court in the case
of Priya Gupta (supra) and this judgment are
found to be unexceptionally satisfied and the
reasons therefore are recorded by the court of
competent jurisdiction.
c) & d) Wherever the court finds that action of
the authorities has been arbitrary, contrary to
the judgments of this Court and violative of the
Rules, regulations and conditions of the
prospectus, causing prejudice to the rights of
the students, the Court shall award
compensation to such students as well as direct
initiation of disciplinary action against the erring
officers/officials. The court shall also ensure
that the proceedings under the Contempt of

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Courts Act, 1971 are initiated against the erring

authorities irrespective of their stature and
empowerment.
Where the admissions given by the
concerned authorities are found by the
courts to be legally unsustainable and
where there is no reason to permit the
students to continue with the course, the
mere fact that such students have put in a
year or so into the academic course is not
by itself a ground to permit them to
continue with the course.”

14.5 In Dr. Pradeep Jain Vs. and Ors. v. Union of India

and Ors. reported in (1984) 3 SCC 654 it was categorically

noted that merit alone must be the criteria for admission to MBBS

courses. Hence, the rule of merit should not be defeated at any

cost.

14.6 Upon consideration of the afore-cited ratios this Court is

of the view that consideration of candidate solely on the basis of

merit, un-biasness and transparency in the selection process, are

the ethos of the selection/ admission process. A good college, as

per the merit scored is the fruit that the candidates obtain

resultant to their dedication and aspirations in life and in no

situation the same can be compromised and the rule of merit

should supersede over any other technical instruments.

14.7 Further, this Court deems it apposite to place reliance

upon Dolly Chhanda vs. Chairman JEE reported in (2005) 9

SCC 779:

“The general rule is that while applying for any

course of study or a post, a person must possess
the eligibility qualification on the last date fixed
for such purpose either in the admission brochure
or in application form, as the case may be, unless
there is an express provision to the contrary.
There can be no relaxation in this regard i.e. in

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the matter of holding the requisite eligibility

qualification by the date fixed. This has to be
established by producing the necessary
certificates, degrees or mark-sheets. Similarly, in
order to avail of the benefit of reservation or
weightage etc. necessary certificates have to be
produced. These are documents in the nature of
proof of holding of particular qualification or
percentage of marks secured or entitlement for
benefit of reservation. Depending upon the
facts of a case, there can be some relaxation
in the matter of submission of proof and it
will not be proper to apply any rigid
principle as it pertains in the domain of
procedure. Every infraction of the rule
relating to submission of proof need not
necessarily result in rejection of
candidature.”

14.8 Further, reliance can be placed upon the ratio

enunciated in S. Krishna Sradha (Supra), the relevant extract is

reproduced herein below:

“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- 30th 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

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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
canceled.”

14.9 Moreover, this Court is of the opinion that the verdict

encapsulated in Ramkrishna Medical College Hospital &

Research Centre (Supra), as relied upon by the learned counsel

appearing for the respondents is on a distinguishable factual

matrix as therein, the issue before the Court pertains to issuance

of a vacant seat and admission in a Medical College. For that

reason, the same pertains to seeking directions for interim orders.

Hence, it can be deduced that the same is of distinguishable

factual matrix.

14.10 Additionally, the reliance placed by the learned counsel

representing the respondents upon Premsukh (Supra) is a

misnomer as in the said judgment the Court had rather directed

the respondents therein to consider the candidature of the

petitioners therein in the subsequent rounds of counseling and no

specific observation is spelled out qua the residue issues.

15. Therefore, in summation of the aforementioned it can

be noted that considering the limited resources available with the

petitioners (considering their background restraints and the fact

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that amidst COVID-19 pandemic all the enrolled students for that

academic year were promoted as per the circular/order by the

Central/State Government); that the respondent-NTA (and other

respondents) have not supplied/published adequate information

qua submission of documents, at a justified time before

conducting the said document verification; that the said Stray

Vacancy Round was conducted in-between the period of

26.10.2024 – 03.11.2024, which were public and office holidays;

that the respondents (counseling conducting authority-NTA) have

tendered a miniscule period (28.10.2024 from 09.00 A.M. to

12.00 Noon) within which the candidates had to submit their

documents; that pronto, the petitioners (being higher in merit)

have submitted the said certificate in the prescribed form (dated

31.10.2024, undersigned by the Principal) stating that the

petitioner had studied ‘Biology’ as a subject in Class XI moreover,

the same is reflected by her Senior Secondary mark-sheet; that

the judgments relied upon by the learned counsel appearing for

the respondents are on a distinguishable factual narrative and

hence, ought not to be made applicable herein; that taking note of

the ratio enunciated in Asha (Supra) and Premsukh (Supra),

this Court is of the view that the merit scored by the petitioners

should be the exclusive criteria for allotment of seats/colleges,

and in no manner due to the technical formalities the fundamental

rights of the meritorious petitioners ought not to be frustrated and

the instant petitions fall under the ambit of the rarest of the rare

cases, where judicial intervention is warranted.

16. Therefore, the respondents are directed to consider the

candidature of the petitioners, strictly on the basis of the merit

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scored by them in NEET UG Examination, 2024 and allot Medical

Colleges considering the same. Candidature/allotment of Colleges

qua respondent nos. 5 and 6 is rejected considering the merit

scored by them vis-à-vis the petitioners. Respondents are directed

to carry out the requisites without further ado, as it is noted that

the classes/lectures qua the relevant academic year have already

begin.

17. Accordingly, the instant bunch of petitions is allowed. It

is made clear that the instant judgment shall be applicable on all

the connected petitions on mutatis mutandis basis. Allotment

granted to respondent nos. 5 and 6 on the said seats is

rejected/canceled. No orders as to cost. Pending applications, if

any, shall stand disposed of.

(SAMEER JAIN),J

JKP/s-276, 277, 274-275

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