AKSHIKA DAVE D/O SHRI RAHUL DAVE v. THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE
CW/17328/2025 · 2025-11-14
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39213 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39213 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:45980] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17328/2025 Akshika Dave D/o Shri Rahul Dave, Aged About 19 Years, Resident Of Shakun, Narsinghpura, Foysagar Road, Ajmer, Rajasthan 305001 ----Petitioner Versus
1. The Secretary, Ministry Of Health And Family Welfare, New Delhi Government Of India.
2. Medical Counselling Committee (Mcc), Director General Of Health And Family Welfare, New Delhi Government Of India. ----Respondents For Petitioner(s) : Mr. Dharmendra Joshi Mr. Kanhaiya Lal Choudhary For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Yash Joshi Mr. Shivangshu Naval Mr. Angad Mirdha HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 14/11/2025
Learned counsel for the petitioner has submitted that petitioner has appeared in NEET-UG-2025 Examination conducted by National Testing Agency (NTA) for admission under the course of MBBS in medical colleges. It is submitted that the petitioner has participated in the third round of counselling and the seat of her choice was refused, therefore, the petitioner was constrained to accept the seat given by the respondents and the said seat was duly accepted by the petitioner.
[2025:RJ-JP:45980] (2 of 3) [CW-17328/2025] At this juncture, learned counsel for petitioner has submitted that in the All India Stray Vacancy Round, as per the information available, the seat of the choice of petitioner is available and the petitioner is duly eligible on the merits for the said seat. Howsoever, learned counsel for the respondents have vehemently opposed the arguments advanced by the learned counsel for the petitioner and have submitted that the Information Bulletin and Counselling Scheme regarding the NEET-UG-2025 was circulated much in advance for the information of candidates.
Learned counsel has drawn attention of this court to Point No. 1.6 of Chapter I the aforesaid bulletin and counselling scheme which is reproduced as under:
“6. Candidates are advised to take a calculated decision of continuing in Third round of AIQ/Deemed/Central Universities as they would not be permitted to resign from 3rd round of AIQ/Deemed/Central Universities. They will also not be allowed to participate in any Counseling after joining in Third Round of AIQ. There will be Data sharing between Centre and the States and if any candidate has his name in the list of allotted candidates in either of the lists, then such name of such candidates shall be eliminated from the All India Stray Vacancy Round.” It is submitted that in light of the aforesaid, upon participation in the third round of counselling and accepting the allotted seat therein, the petitioner shall not be eligible for participating in the All India Stray Vacancy Round. Having heard the arguments advanced by learned counsel of the parties and on bare perusal of Point No. 1.6 of Chapter I at page 11 of the Information Bulletin and Counselling Scheme, 2025, which categorically states that if the petitioner has accepted
[2025:RJ-JP:45980] (3 of 3) [CW-17328/2025] the allotted seat in the third round of counselling, there shall be an embargo on her eligibility to appear and to be considered for the All India Stray Vacancy Round. In light of the aforesaid, this court is not inclined to entertain the present petition and the petition is accordingly dismissed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J DEEPAK/s-288