2026:JHHC:21422 -: 1 :- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 3120 of 2020 ----- Ayushman S/o Shobhi Paswan, R/o New Etwarpur, PO + PS Kurthaur, Kurthaul, Dist-Patna, Bihar 804453. … … Petitioner Versus 1. State of Jharkhand through Chief Secretary, Ranchi, Project Building, PO Dhurwa, PS Jagannathpur, Ranchi 834004. 2. Department of Health & Family Welfare, Government of Jharkhand, through its Secretary, Nepal House, Doranda, PO + PS Doranda, Ranchi, Jharkhand 834002. 3. Jharkhand Combined Entrance Competitive Examination Board through its Chief Secretary, Science & Technology Campus, Sirkha Toli, Namkum-Tupudana Road, PO + PS Namkum, Ranchi, Jharkhand 834010. 4. Rajendra Institute of Medical Science through its Director, Indraprastha Colony, Bariyatu, PO + PS Bariyatu, Ranchi, Jharkhand 834009. 5. National Medical Commission, Chairman, Pocket-14, Sector 8, Dwarka Phase I, PO Sector 12, Dwarka, Pocket 6, PS Dwarka North, New Delhi 110077. … … Respondents ---- CORAM : SRI ANANDA SEN, J. ---- For the Petitioner : Mr. Shubhashis Rasik Soren, Advocate Ms. Shobha Gloria Lakra, Advocate Ms. Mrinalini Adela Tete, Advocate For the Respondents: Mr. Anoop Kumar Mehta, Advocate Mr. Shubham Malviya, Advocate Mr. Manish Kumar, Advocate Dr. Ashok Kumar Singh, Advocate Mr. Sharon Toppo, Advocate ---- 20/20.07.2026 Heard learned counsel for the parties. 2. Petitioner, in this writ petition, has prayed for the following reliefs: - (i) For issuance of an appropriate Writ/Rule/ Direction particularly a Writ in the nature of Mandamus commanding Respondent No.4, to allow Petitioner’s Registration for Final Examination of Junior Resident, Academic Course in Diploma in Clinical Pathology, Session 2018-2020. (ii) For issuance of an appropriate Writ/Rule/ Direction particularly a Writ in the nature of Mandamus commanding Respondent No.4 to conduct supplementary examination including the 2026:JHHC:21422 -: 2 :- Petitioner for the Final Examination of Junior Resident, Academic Course in Diploma in Clinical Pathology, Session 2018-20. (iii) For a further direction to the respondents to reinstate the petitioner’s candidature with all consequential benefits. 3. Case of the petitioner is that the petitioner being a Doctor, had applied for National Eligibility cum Entrance Test PG-2018 and appeared for the same on 07.01.2018. The cut-off marks for all the candidates were revised by public notice of National Board of Examination dated 27.04.2018 so as to fill the vacant seats for NEET- PG 2018, wherein for General Category it was 35 percentile and cut-off score of 262, for SC/ST/OBC it was 25 percentile and cut-off score of 225, for PWD category it was 30 percentile and cut-off score of 244. A provisional merit list for 2nd extended round counselling was scheduled to be held on 10.05.2018 for State Quota PG Medical (Degree/Diploma) wherein the petitioner was shortlisted under SC category. Petitioner was admitted in an unreserved seat due to vacancy and the same was allowed after due document verification process by respondent No.3 and respondent No.4. Petitioner was attending the classes and discharging all his obligations in the form of fees or otherwise. Vide memo No.6169/ra.aa.sa dated 11.12.2019 issued by DEAN, RIMS, Ranchi, the petitioner was communicated that Board of Governors in Supersession of Medical Council of India had sought clarification from RIMS on the admission of two students including the petitioner. It is the case of the petitioner that final examination for the Junior Resident, Academic Course in Diploma in Clinical Pathology, Academic Course, Session 2018-20 in RIMS, Ranchi has been concluded and the petitioner has not been given opportunity of participating in it. 4. Learned counsel for the petitioner submits that the deemed cancellation of candidature by refusal of registration for Final Examination of a bonafide student even after payment of fees and attending the classes, soon prior to conduction of final examination, that too without offering an opportunity of hearing, as guaranteed by the principles of natural justice, is arbitrary and unreasonable. It is the contention of the petitioner that the petitioner changed his stand for taking admission in an unreserved seat only on the basis of the 2026:JHHC:21422 -: 3 :- representation made by JCECE Board and only upon this representation, the petitioner, shortlisted as a SC candidate, took admission in RIMS, Ranchi in an unreserved seat. He submits that the petitioner having been accorded admission after proper verification and evaluation of documents and he having attended classes as per the course, should not have been debarred from Final Examination of Junior Resident, Academic Course in Diploma in Clinical Pathology, Session 2018-20. 5. Learned counsel for the respondents-RIMS as also learned counsel for the respondents-State submit that the Medical Council of India, New Delhi objected to the admission of the petitioner since he had secured less than 35 percentile in P.G. entrance test as a candidate belonging to unreserved category. They submit that the petitioner cannot be given the advantage of a Scheduled Caste candidate in Jharkhand in view of the fact that he is a member of Scheduled Caste of State of Bihar and not of Jharkhand. 6. Learned counsel for the respondents-National Medical Commission, submits that the petitioner was unable to obtain minimum qualifying / eligibility marks in NEET-PG-2018 in order to appear in counseling for admission to any postgraduate medical course in the country in reference of Notice of National Board of Examination dated 27.04.2018, wherein the revised cut-off marks of NEET PG-18 for unreserved category was fixed 35 percentile and the petitioner scored 25.2449 percentile, which is less than the fixed percentile. He submits that the petitioner has rightly been debarred from his postgraduate medical course of Diploma in Clinical Pathology for the session 2018-20 in light of Regulation 9(11) of the Postgraduate Medical Education Regulations, 2000. He submits that the petitioner being a Scheduled Caste of State of Bihar and having been unable to secure the requisite percentile of marks for general category, is not entitled to any relief far less the reliefs as prayed for by him in the present writ petition and this writ petition is, accordingly, liable to be dismissed. 7. From the records of the case and from the arguments of the learned counsel for the respective parties, it is an admitted fact that the petitioner is a Scheduled Caste candidate from State of Bihar. Being a member of a Scheduled Caste of Bihar, he cannot claim the said benefit of his category in Jharkhand. In Jharkhand, he is to be treated 2026:JHHC:21422 -: 4 :- as General Category. He was considered as General Category candidate, but the fact remains that he could not secure the requisite percentile of marks for being considered against the vacancy in general category. Inspite of that he was admitted as General Category, but ignoring the qualifying marks fixed for General Category. This is an illegality. I find that National Medical Commission had rightly raised objection regarding admission of the petitioner and on such objection having been raised the RIMS administration and the state respondents have rightly debarred the petitioner from Final Examination of Junior Resident, Academic Course in Diploma in Clinical Pathology, Session 2018-2020. Allowing the petitioner would have amounted to giving premium to illegality. 8. Considering what has been held above, I find no merit in this writ petition. This writ petition is, accordingly, dismissed. Pending interlocutory applications, if any, stand disposed of. (Ananda Sen, J.) Ranchi Dated 20th July, 2026 Kumar/Cp-02 Uploaded on 22.07.2026