[2025:RJ-JP:27584] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11261/2025 Praveen Kumar S/o Shri Giriraj Singh, Aged About 32 Years, R/o 58, Naya Gaon, Deoli, District Karauli, Rajasthan. ----Petitioner Versus Chairman, NEET PG Admission / Counselling Board, SMS Medical College, Jaipur, Rajasthan. ----Respondent For Petitioner(s) : Mr. Ajay Shukla, Adv. With Mr. Raghav Sharma, Adv. For Respondent(s) : Mr. Yash Joshi, Adv.with Mr. Sankalp Vijay, Adv. for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 23/07/2025 1. The present petition is filed with the following prayers: "By issuance of appropriate writ order or direction the respondent may be directed to allow the petitioner to participate in State Dental Seats (MDS), Round-2 Allotment-2025 and further, in case, petitioner gets any seat as per his merit, he may be allowed to undergo the study of P.G. Course (MDS)." 2. Learned counsel has apprised the Court with the fact that the State Dental PG Seats (MDS) counseling, round-2 are ongoing. It is submitted that the petitioner on account of ill-health and technical glitches was unable to abide by online submission of the application form upon the website and the requisite application fee deposition. It is further submitted that in spite of every possible [2025:RJ-JP:27584] (2 of 3) [CW-11261/2025] endeavor being made the petitioner failed to comply with the said requisition of the respondents, however, the entire career of the petitioner ought not be made to suffer on account of the said bonafide mistake. Nevertheless, as on date no third party rights are created. 3. Lastly, learned counsel has laid emphasis on the fact that the petitioner had burned the mid-night oil throughout his life more particularly in the preceding two years and his substantive rights should not be deprived on account of procedural lapses, which are beyond his control. In this regard learned counsel has placed reliance upon the ratio encapsulated in Dr. Prittam Yadav Vs. The Chairman NEET-PG Admission and Ors.: S.B .Civil Writ Petition No.17004/2024 decided vide order dated 06.11.2024. Relying upon the same, it is submitted that the petitioner may be permitted to submit offline/ manually, the fee as well as application form, as an exceptional case. It is submitted that for administrative difficulty, if reasonable additional fee is also charged for administrative inconvenience, the petitioner is ready and willing to submit the same. 4. Learned counsel for the respondent, Mr. Yash Joshi has vehemently objected the contentions made by the learned counsel for the petitioner and has submitted that a Pandora’s box will be opened if the plea of the petitioner is considered nevertheless, there is a procedure which is to be strictly adhered by the candidates, as the counseling and other selection procedure lays an impact on PAN India basis. It is submitted that if an exception is given to one candidate, it will deliver a negative impact/message upon the remaining candidates. However, learned [2025:RJ-JP:27584] (3 of 3) [CW-11261/2025] counsel is unable to refute the fact that as on date no third party rights are created. 5. Having heard the contentions made by the learned counsel for the parties, taking note of the material available on record; that the delay so caused is beyond control of the petitioner; that no third party rights are created as on date; that judicial parity as that with the ratio encapsulated in Dr. Pritam Yadav (Supra) is to be maintained, this Court invoking the inherent jurisdiction under Article 226 of Constitution of India, directs the respondents to accept the application of the petitioner-candidate via offline mode/manually, along with requisite fee and other formalities from the petitioner, if filed within a period of twenty four hours from the date of passing of this order. 6. The present petition is accordingly, allowed. However, it is made clear that the present order will not be treated as a precedent, as it is passed under special circumstances. 7. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J CHANDAN /267