[2025:RJ-JP:33949-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 3/2025 In S.B. Civil Writ Petition No.17096/2024 Principal, JNU Medical College And Hospital, Agra Jaipur Road, Near New RTO Office Jagatpura, Jaipur, Rajasthan. ----Appellant Versus 1. State Of Rajasthan, Through Secretary, Medical Education Department, Government Of Rajasthan, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur. 2. Commissioner, Medical Education Department, Government Of Rajasthan, Chikitsa Shiksha Bhawan, Govind Marg, Jaipur. 3. Chairman NEET UG Medical And Dental Admission/counselling Board 2024, SMS Medical College, JLN Marg, Jaipur, Rajasthan. ----Respondents 4. Navneet Prajapat S/o Bhanwar Lal, Aged About 22 Years, Resident Of Plot No. 518, 206 Bigha, Gokulpura, Kalwar Road, Jaipur (Rajasthan). ----Writ Petitioner/Respondent For Appellant(s) : Ms. Alankrita Sharma For Respondent(s) : Mr. Basant Singh Chhaba, AAG with Ms. Mansi Sharma and Mr. Hardik Singh Mr. H.R. Kumawat with Mr. S.K. Lamba and Ms. Poonam Khowal HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE SANJEET PUROHIT Order 26/08/2025 [2025:RJ-JP:33949-DB] (2 of 4) [SAW-3/2025] 1. An application along with additional affidavit has been filed on behalf of respondent No.4 in this appeal, it would be apposite to quote the affidavit for the purpose of decision of this appeal:- “I, Navneet Prajapat S/o Bhanwar Lal, aged about 23 years, resident of Plot No.518, 206 Bigha, Gokulpura, Kalwar, Road, Jaipur, (Rajasthan) do hereby take oath and state as under:- 1. That I am respondent no.4 writ petitioner in present matter and am well conversant with the facts and circumstances of the case. 2. That petitioner has participated in the 3rd round counseling of NEET (UG) 2024 and resultantly provisionally allotted the appellant medical college. The petitioner upon that selection deposited a sum of Rs.16,60,000/- (Rupees Sixteen Lakhs Sixty Thousand) toward fees and sum of Rs.50,000/- (Rupees Five Lakhs) toward security, total Rs.21.60,000/- (Twenty one lakhs sixty thousand Rupees), before due date to respondents. Petitioner also marked his appearance at the concerned medical college and not only reported at college but also joined the concerned college on stipulated time and also deposited all required original documents to the college. In spite of completing all required procedure, the respondents have not considered his candidature for admission for NEET (UG) 2924. 3. That petitioner filed a S.B. Civil Writ Petition No.17096/2024 before Hon'ble High Court against the action of the respondents, in which the Hon'ble Single Judge passed an interim order dated 20.12.2024, which is subject to under challenge in above mentioned D.B. Special Appeal (Writ) pending before Hon'ble High Court. 4. That the petitioner has appeared in NEET (UG) 2025 and scored in same. The counseling for NEET (UG) 2025 has been scheduled and started. Petitioner has participated in that counseling by again depositing required security amount on 14.08.2025 and for further process he has required original documents and fees. 5. That the original documents and complete fees 21,60,000/- (fees and security amount) are [2025:RJ-JP:33949-DB] (3 of 4) [SAW-3/2025] with respondents. Petitioner agreed to withdraw his writ petition if respondents are directed to return his original documents and his complete fees; so petitioner may be able to participate in counseling process of NEET (UG) 2025 and to take admission this year only to avoid spoiling another year. 6. That the petitioner will withdraw the writ petition filed by him on account of return of original document and complete fees deposit by him by taking appropriate steps.” 2. The counsel appearing for the appellant submits that they are in possession of the original document of the respondent No.4, which she upon instructions states shall be handed over to the respondents within period of three days from today upon the respondents approaching their office. 3. As regards the total fees, which includes tuition fees and security fees, which are lying with the Board and has not been transferred to the College. 4. Learned Additional Advocate General shall verify as to whether the said total fees was transferred to the college, if it has not been transferred, the same shall be released in the account of Respondent No.4 along with interest @ 6%. It is made clear that if the amount has already been transferred to the college. The college will take steps to release the amount within a period of ten days along with interest in the account of respondent No.4. Before parting with this case, we noticed that the respondent No.4 was not at fault and should have been allowed the admission once he had deposited the fees with the college. For future, we observed that students should not be harassed and made to suffer on account of trivial excuses, with regard to their medical examination and other aspects, for these reasons no meritorious student should be deprived on his admission. Of course, if the [2025:RJ-JP:33949-DB] (4 of 4) [SAW-3/2025] student does not deposit the requisite fees within time limit as laid down, then the college may proceed to give admission to the next student in the merit, as per the counselling directions issued by the Board, however, at their own, no medical college would have right to cancel the admission. 5. With these observations, we closed the present appeal. The order dated 20.12.2024 passed by the learned Single Judge is set aside and the original civil writ petition is treated as withdrawn. 6. Pending application(s), if any, stands disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J GAURAV/Avinash/202