[2025:RJ-JP:48996] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17736/2025 Krish Son Of Shri Balraj Singh, Aged About 19 Years, Resident Of Plot No.109, Shankar Nagar, Dabla, Phagi, District Jaipur, Rajasthan-303006. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Department Of Medical Education, Government Secretariat, Jaipur. 2. NEET UG Medical And Dental Admission/Counselling Board, 2025, Through Its Chairman, SMS Medical College, JLN Marg, Jaipur- 302004. 3. Members Of NEET UG Medical And Dental Admission/Counselling Board, 2025, SMS Medical College, JLN Marg, Jaipur. 4. The Director, directorate Of Medical Education, Rajasthan, Jaipur. 5. Principal, Sawai Man Singh Medical College, JLN Marg, Jaipur. 6. Additional Principal, Sawai Man Singh Medical College, JLN Marg, Jaipur. 7. Director, NIMS, Jaipur. 8. National Medical Commission, Through Director, Pocket-14, Sector- 8, Dwarka, New-Delhi- 110077 ----Respondents For Petitioner(s) : Mr. Ashwani Kumar Kushwaha For Respondent(s) : Mr. Vigyan Shah, AAG with Mr. Yash Joshi Mr. Pradhuman Singh Rathore HON'BLE MR. JUSTICE ANUROOP SINGHI Order 02/12/2025 1. Present writ petition has been filed with the following prayer:- “It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to accept and allow this writ petition and the respondents may kindly be directed to permit the petitioner to join the [2025:RJ-JP:48996] (2 of 4) [CW-17736/2025] allotted seat of 3rd round which is of MBBS Course in NIMS Medical College, Jaipur considering the OBC Certificate in 3rd round in the interest of justice. Any other appropriate order which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner with cost.” 2. The solitary grievance of the petitioner is that he has not been permitted to join on the allotted seat in 3rd round of MBBS Course in NIMS Medical College, Jaipur, as he failed to submit the required OBC Certificate on or before 10.11.2025, which was the last date for submitting the said certificate. Counsel for the petitioner submits that the said certificate was issued to him only on 11.11.2025 and on the very same day it was submitted by him, but despite that, the certificate was not accepted by the respondent. Counsel also submits that 08.11.2025 and 09.11.2025 were public holidays and on account of technical glitch in the Government site, the said certificate could not be issued. Thus, for no fault of his, he cannot be punished. For buttressing his submission learned counsel has placed reliance upon the judgment of Hon’ble Supreme Court in S. Krishna Sradha vs. State of Andhra Pradesh and Ors. reported in (2020) 17 SCC 465 and Vansh vs. Ministry of Education and the Ministry of Health & Family Welfare and Ors. reported in 2024 SCC online SC 342. Relying upon the said pronouncements it has been submitted that denial of admission to him for no fault would [2025:RJ-JP:48996] (3 of 4) [CW-17736/2025] violate his fundamental rights and thus, it has been prayed that respondents be directed to permit him to join on the allotted seat. 3. Per contra, Mr. Vigyan Shah, AAG appearing for the respondents, at the very outset submitted that the said seat has already been allotted to another eligible candidate and thus, nothing further survives in the matter. Learned AAG also placed reliance upon the recent judgment of Hon’ble Supreme Court in the case of Sakshi Arha vs. Rajasthan High Court and Ors. reported in 2025 SCC online SC 757, wherein, in no uncertain terms it has been held that the cut off date is sacrosanct. Learned AAG lastly submits that the case of the petitioner does not fall in the category of ‘exceptional’ or ‘rarest of the rare’ cases as the petitioner despite being conscious, and having knowledge in the month of August 2025 of the fact that the OBC Caste Certificate would be required for the admission process as was prescribed in the information booklet, applied for the issuance of the same with the Competent Authorities only in the month of October, 2025 and thus someone who himself is sleeping over his own rights cannot fall within the category of ‘exceptional’ case. 4. Heard learned counsel for the parties. 5. At the very outset, once the seat in issue stands allotted to another eligible candidate, the petitioner has virtually lost his right to claim any further relief from this Hon’ble Court. Further more bare perusal of the judgment cited by the counsel for both the parties propound that it is only in ‘rarest of the rare’ and ‘exceptional’ cases, that this Court can grant indulgence to a student, by exercising its extra ordinary writ jurisdiction, which admittedly is not the case herein. The very fact that the petitioner [2025:RJ-JP:48996] (4 of 4) [CW-17736/2025] waited for more than two months and have applied for the OBC Caste Certificate only in the month of October, 2025 by itself demonstrates that he cannot be made to fall in the category of exceptional situation and thus, the extra ordinary jurisdiction of this Court cannot be invoked for rescue of the present petitioner. 6. Before parting, it is needless to say that the fee deposited by the petitioner with the University-Respondent No.7, if any, be immediately refunded back to him and not later than 10 days from the date of the petitioner submitting an application along with the certified copy of the order. The said direction is being issued, being conscious of the fact that the seat which was claimed by the petitioner already stands allotted to another candidate by the very same University. 7. With the above directions the writ petition stands disposed of. 8. All pending application(s), if any shall stand disposed of. (ANUROOP SINGHI),J Diksha/Garima-4