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2025 DAILYLAW 34580 (RAJ)

KANIKA DADHICH D/O SANJAY DADHICH v. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES

CW/18900/2024 · 2025-03-06

Sameer Jain

body2025

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[2025:RJ-JP:10185] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18900/2024 Kanika Dadhich D/o Sanjay Dadhich, Aged About 23 Years, Resident Of 21/285, Shreepura, Babrapura, Kota (Rajasthan). ----Petitioner Versus 1. Rajasthan University Of Health Sciences, Jaipur, Sector- 18, Kumbha Marg, Pratap Nagar, Jaipur Through Its Registrar-302033. 2. The Controller Examination, Rajasthan University Of Health Sciences, Jaipur, Sector-18, Kumbha Marg, Pratap Nagar, Jaipur-302033. 3. National Medical Commission, Satarkta Bhawan, G.P.O. Complex, Block-A, New Delhi-110022. 4. Ananta Institute Of Medical Science And Research Centre, Rajsamand-335001. ----Respondents For Petitioner(s) : Mr. Ankit Sethi For Respondent(s) : Mr. Yash Joshi for Mr. Vigyan Shah, AAG Mr. Angad Mirdha HON'BLE MR. JUSTICE SAMEER JAIN Judgment 06/03/2025 At the outset, learned counsel for the petitioner has submitted that the present petition is filed seeking directions for grant of re-evaluation of answer sheets of the petitioner for the subject of ‘Bio-Chemistry’ by a special committee. It is further submitted that action of the Evaluation Committee is arbitrary and in contravention with the theoretical concept, nevertheless, the said evaluation is done in a cursory manner illustratively on the [2025:RJ-JP:10185] (2 of 2) [CW-18900/2024] first occasion vis-a-vis the same answer seven marks were allotted, subsequently nine marks and thereafter twelve. In this backdrop, it is submitted that grant of one more chance be given to the petitioner to appear in the fifth attempt in the examination considering the equity, fair play and principles of natural justice. Per contra, learned counsel for NMC and the State have submitted that petitioner is in the first year qua the Bio-Chemistry Course, and the maximum number of attempts that are permitted as per the governing rules is four. It is further submitted that albeit the petitioner has sought re-evaluation on four occasions she has not secured minimum qualifying marks. It is further submitted that there are no malafides and the NMC norms do not permit the petitioner-candidate for fifth attempt. Considering the foregoing facts and circumstances of the instant matter, upon perusal of the result/answer sheet furnished before this Court in pursuance of the order dated 07.02.2025, it is noted that petitioner has secured seven, nine and twelve marks respectively, accordingly, the cost imposed of Rs.25,000/- (Rupees Twenty-Five Thousand Only) on petitioner stands forfeited with respondents. Accordingly, the instant petition stands dismissed with aforementioned directions. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/s-337