DR. SHANKAR KUMAR S/O MALU RAM v. STATE OF RAJASTHAN
CW/3155/2025 · 2025-03-05
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9297 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9297 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:9847] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3155/2025 Dr. Shankar Kumar S/o Malu Ram, aged about 28 Years, R/o 59, Ram Nagar, Sector 23 CHB, P.S.- Jhanwar Road, Jodhpur (Rajasthan)- 342008. ----Petitioner Versus
1. State of Rajasthan, Medical Education Department, Secretariat, Jaipur (Raj.)- 302005 Through Secretary.
2. Chairman, NEET PG Admission and Counseling Board, 2024, SMS Medical College, JLN Marg, Jaipur (Raj.)-
302004.
3.
4. Mahatma Gandhi Medical College and Hospital, RICCO Industrial Area, Sitapura, Tonk Road, Jaipur (Raj.)-
302022. National Medical Commission through its Secretary Pocket- 14, Sector-8, Dwarka Phase-1, New Delhi-
110077. ----Respondents For Petitioner(s) : Mr. Anshuman Singh Khangarot Mr. Aditya Mishra For Respondent(s) : Mr. Yash Joshi for Mr. Vigyan Shah, AAG Mr. Angad Mirdha Mr. Alam Sahani for Anand Sharma for Union of India HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 05/03/2025
1. The present petition is filed by a Non-OCI foreign citizen who is a national of Pakistan with a plea to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution of India; being aggrieved of the denial qua the admission to the petitioner in MD Post-Graduate Diploma course for the academic session 2025 due to non-production of some non-pre-requisite documents, within a period of twenty-four hours (Annexure-1).
2.
Learned counsel for the petitioner has submitted that in addition to the aforementioned and other correspondence
[2025:RJ-JP:9847] (2 of 2) [CW-3155/2025] illustratively student fees, security clearance from Ministry of Home Affairs, permission/NOC from Medical Council of Pakistan and other related documents the respondents have ousted the candidature of the petitioner.
3. Upon a perusal of the erstwhile order dated 04.03.2025, it is noted that the counsel representing the respondent Nos.1 and 2 have marked presence and directions were given to implead Union of India as a party.
4. Accordingly, advance notices were issued qua Union of India.
5. Considering the issue in hand, and the contentions made by the counsel for the NMC, respondent No.1 and 2 & Union of India, this Court is of the view that respondent-NMC being the general agency may give audience to the petitioner.
6. In the foregoing facts and circumstances of the instant matter, the petitioner is directed to file a representation along with present petition along with relevant credentials and details, before the Secretary, NMC at New Delhi by 12.03.2025. Personal hearing be awarded to the petitioner by/on 20.03.2025 at 11:00 A.M. by the Secretary/competent authority. The representation be adjudicated, strictly in accordance with the law, within a period of seven days thereafter.
7. In view of the above, the instant petition stands disposed of. However, the petitioner will be at liberty to take appropriate recourse, in accordance with law, if the grievance of the petitioner is not adjudicated satisfactorily. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J JKP/s-241