[2026:RJ-JP:30636] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4520/2026 CNR: RJHC020228542026 | URN: CW / 9989U / 2026 Dr Abhishek Hanmant Gavade S/o Hanmant Gavade, Aged About 32 Years, Resident Of Plot No. 13, Ashwini Hospital, Near Lic Office, Behind Gajanan Maharaj Mandir, Pandharpur, Solapur, Maharashtra (413304) ----Petitioner Versus 1 State Of Rajasthan, Through The Additional Chief Secretary, Medical Education Department, Government Secretariat, Jaipur. 2 The Chairman, Neet Pg Admission / Counselling Board- 2025, Sms Medical College, Jaipur, Rajasthan. 3 Nims University, Rajasthan, Through Its Registrar Dr. B.s. Tomar City, Jaipur-Delhi Highway, Jaipur - 303121, Rajasthan, India ----Respondents For Petitioner(s) : Mr. Iliyas Khan for Mr. Tanveer Ahamad For Respondent(s) : Mr. Achintya Kaushik, Mr. Yash Joshi for Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE SUDESH BANSAL Order 05/08/2026 1. By means of filing instant writ petition under Article 226 of Constitution of India, petitioner prays for issuance of following directions against respondents:- “It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:- 1. The respondents may be directed to allow the petitioner to submit the fees and allow him to join at the [2026:RJ-JP:30636] (2 of 8) [CW-4520/2026] allotted MD Dermatology seat at NIMS Medical College, Jaipur. 2. In the alternative, the respondents may be directed to allow the petitioner to participate if any next round of NEET PG Counselling Rajasthan is undertaken. 3. The respondents may further be directed not to debar the humble petitioner from participating in the next counselling process since the petitioner was unable to join on his allotted seat due to genuine medical reason. 4. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.” 2. Petitioner admits in the writ petition that after completing qualification of MBBS in the year 2017, petitioner appeared in the examination of NEET-PG, 2025 on 03.08.2025 and secured a rank of 204555. It is admitted case of petitioner that pursuant to the notification dated 13.02.2026 (Ann.6) issued by the Chairman, NEET PG Admission/ Counselling Board-2025, Government of Rajasthan, petitioner participated in the last and Stray Vacancy Round on 13.02.2026 for allotment of seat in any college to undergo MD/ MS PG Course as per Instructions Booklet (Ann.1). In the Stray Vacancy Round, a provisional allotment letter to petitioner for allotment of a seat in the NIMS University, Rajasthan, in MD (Dermatology), was issued and petitioner was required to report in person at the Academic Block, SMS Medical College, Jaipur on the scheduled dates, i.e., on 26.02.2026 & 27.02.2026 in between 10:00 AM to 06:00 PM, in order to ensure allotment of his seat, on submission of original documents and fee etc. 3. It is the admitted case of petitioner that he could not report within the scheduled dates and time, and sent an information to [2026:RJ-JP:30636] (3 of 8) [CW-4520/2026] the Chairman, NEET PG Admission/ Counselling Board-2025 on the next day, via email dated 28.02.2026 at about 1:36 PM. In the writ petition, petitioner has taken a plea of medical reasons for the delay of one day in reporting, although no such reason was mentioned in the email, nor any document supporting the medical reasons, has been enclosed with the writ petition. 4. Submission of counsel for the petitioner is that a lenient view may be adopted by this Court and, since a PG seat of MD (Dermatology) in NIMS University is lying vacant, therefore, by granting an extension of time, respondents may be directed to allot the vacant seat to petitioner to undergo PG Course in MD (Dermatology). In support his submissions, counsel for petitioner has placed reliance on following judgments of High Court and Hon'ble Supreme Court, which are as follows:- (i) Dr. Parnika Sharma v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 5344/2026) ; (ii) Narendra Mahala v. State of Rajasthan & Ors. in (S.B. Civil Writ Petition 15414/2025); & (iii) Kadam Girish Sharma v. The Union of India & Ors. (Special Leave to Appeal (C) No. 14738/2025) 5. Per contra, learned counsel appearing for respondents No.1 and 2 submits that petitioner is bound to abide by the instructions contained in the Instruction Booklet, and is not entitled to seek any directions against respondents in violation of the Instructions Booklet, moreso when the relevant instructions which put restraint on the petitioner, from seeking the prayed directions, have not been put to challenge in the writ petition. [2026:RJ-JP:30636] (4 of 8) [CW-4520/2026] 6. Learned counsel for respondents No.1 and 2 further submits that respondents are bound to adhere to the schedule for allotment of seat and admission in the NEET-PG course as per mandate of the Hon’ble Supreme Court expounded in case of Ashish Ranjan v. Union of India [(2016) 11 SCC 225], which has been followed and reiterated in case of Mridul Dhar (Minor) v. Union of India [2019) 17 SCC 502]. Hence, the prayer made by petitioner in the writ petition, being in clear violation to the instructions contained in the Instructions Booklet and traveling beyond the dictum of law as laid down by the Hon’ble Supreme Court in the afore-referred two judgments, is not liable to be accepted and the writ petition deserves to be dismissed. 7. Heard. Considered. 8. Petitioner has enclosed a copy of Instructions Booklet issued by the Government of Rajasthan, wherein instructions have been prescribed to regulate the allotment of Medical PG seats (MD/ MS) in the State of Rajasthan. The relevant instructions contained in the Booklet are being reproduced hereunder:- “11. Security Amount … … 9. A candidate allotted a seat in stray vacancy round who does not join the allotted seat shall be debarred from participating in the State counseling process for the next one year, along with forfeiture of the security amount. 12. Joining at the allotted college Round 1….. Round2….. Round 3….. Important (for all rounds) Each candidate shall join the allotted college and course within the time as mentioned in the allotment letter issued online. There is no provision of extension for joining date. The allotment made will be firm and final. Change of college/course from one place to another is not permitted. Therefore, any request for the same would not be entertained by the Admission Board after the allotment. [2026:RJ-JP:30636] (5 of 8) [CW-4520/2026] The academic session will commence as per the NMC notification, from 08.12.2025. The selection for this admission shall be cancelled if the selected candidates do not join at the allotted college desk at the Academic Block, SMS Medical College, Jaipur and deposit fees up to the stipulated date or whose particulates are found to be incorrect. The selected candidates must also carry all requisite certificates and documents in original and also submit an undertaking that the submitted documents are in original along with self-attested copies of the same, at the time of joining and shall deposit the applicable hostel fees (if any) as per the notified procedure, failing which their admission shall stand cancelled. These original documents shall be kept with the institution till completion of course. The non-viewing of the websites about allotment information by the candidate shall not be accepted as a ground for non-joining by the scheduled time and date. The candidate’s allotment will stand automatically cancelled if he/she does not join IN PERSON at the allotted college desk, Academic Block, SMS Medical College, Jaipur as per the notified schedule.” 9. According to respondents, instructions contained in the Instructions Booklet are mandatory in nature and candidates are required to adhere to such instructions, which stand in alignment with the mandate of directions issued by the Hon’ble Supreme Court, time and again. 10. Hon’ble Supreme Court in case of Ashish Ranjan (Supra), which has been followed time and again, and still holds the field, has categorically laid down that the schedule prescribed for admission to medical colleges must be strictly followed so as to ensure that the medical education standards are not lowered down. 11. In the opinion of this Court, petitioner is bound to abide by the instructions, and petitioner himself admits to participate in the Stray Vacancy Round in furtherance of such directions. Indisputably, petitioner was well aware about the fixed schedule of dates and time, as indicated in the notification dated 13.02.2026 (Ann.6), which were 26.02.2026 and 27.02.2026 in between [2026:RJ-JP:30636] (6 of 8) [CW-4520/2026] 10:00 AM to 06:00 PM, for reporting, submission of original documents and deposition of fee at the Academic Desk of SMS Medical College, Jaipur, in order to ensure allotment of a PG seat in MD (Dermatology) in the NIMS University, Jaipur. Admittedly, petitioner did not appear to report, rather sent an e-mail to the Chairman, NEET PG Admission/ Counselling Board-2025, on the next day, i.e., on 28.02.2026 at 01:36 PM. A hard-copy of email is available on record as Ann.8, and in this e-mail, petitioner nowhere mentioned his medical reasons for non-appearance to report within scheduled date and time. Now, in this writ petition, petitioner seeks to take resort of the medical reasons for delay of one day in reporting, however, mere mentioning of medical reasons is not suffice, unless supported by the relevant details and documents. 12. In the opinion of this Court, petitioner has not assigned a single good, justified and sufficient reason for not reporting before the Academic Desk of SMS Medical College, Jaipur, in person, within the scheduled time and date, despite having knowledge of the same, if petitioner was serious about ensuring allotment of PG seat in NIMS University to undergo MD (Dermatology) course. It may be true that on account of non-reporting by petitioner, the PG seat has fallen vacant, but the same does not create any right in favour of the petitioner to seek directions from this Court, for getting the said vacant seat. 13. The alternative prayer of petitioner made in the writ petition also runs dehors to the instructions, and since petitioner was well aware about the instructions that “there is no provision for extension of joining date and if a candidate does not join in person [2026:RJ-JP:30636] (7 of 8) [CW-4520/2026] at the allotted college desk, as per the notified scheduled, candidate's allotment will stand automatically cancelled as much as if a candidate to whom a seat is allotted in Stray Vacancy Round does not join the allotted seat, he shall be debarred from participating in the State counselling process for the next one year along with forfeiture of the security amount”, therefore, petitioner is bound by such instructions and is estopped from not abiding by the same. Moreover, petitioner has not questioned the legality/ validity of such instructions. Hence, the alternative prayer made by petitioner, too is not liable to be accepted. 14. The resort sought to be taken by the counsel for petitioner on the judgments cited hereinn above, is misplaced and petitioner does not find any support from these judgments. In case of Kadam Girish Shriram (Supra), the Hon’ble Supreme Court taking note of the fact that petitioner had participated fairly and squarely in the counseling process, so much so has deposited the required fee before reporting date and within time. In case of Narendra Mahala (Supra), the Coordinate Bench of this High Court noted that petitioner had already paid certain amount of requisite fee and on the last two scheduled dates, there were public holidays and the Banks were closed. It was not the case of not reporting by petitioner for admission within scheduled time period. In case of Dr. Parnika Sharma (Supra), petitioner had reported for admission within scheduled time period, but only could not provide the permanent resident certificate, wherein she was not found at fault, hence, the Coordinate Bench issued appropriate directions. [2026:RJ-JP:30636] (8 of 8) [CW-4520/2026] None of the aforesaid cases dealt with the issue of non- reporting by a candidate within scheduled period, which is the case of the petitioner herein. 15. As a final result, this Court does not find the case of petitioner to be a fit case for exercising its jurisdiction under Article 226 of the Constitution of India, to grant the prayers as made in the writ petition, and, therefore, the writ petition is hereby dismissed. 16. Stay application(s) and pending application(s), if any, also stand disposed of. (SUDESH BANSAL),J Sachin Sharma/