SIMPLE GUPTA Vs. STATE OF RAJ STHAN

JUDGEMENT

(1.) The instant petition has been filed by the petitioner challenging the condition of eligibility of possessing Degree of MBBS from the Colleges situated in the State of Rajasthan for the purpose of admission in six month Ultrasound PG Diploma Course under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as 'the PCPNDT Act') as such condition being arbitrary, unreasonable and violative of the provisions of Articles 14, 15, 16 and 21 of the Constitution of India.

(2.) The petitioner further challenges eligibility condition appearing in the instructions booklet issued by the office of Chairman, NEET-PG Medical and Dental Admission/Counseling Board, 2020 - Principal, Government Dental College, Jaipur for State Medical and Dental PG Seats (MD/MS/MDS/Diploma) and six month ultrasound course under PCPNDT Act, Allotments, 2020. The petitioner also prays for a declaration that she may be granted admission to the said course treating her eligible on the basis of merit secured be her in NEET PG, 2020.

(3.) The petitioner has pleaded in her petition that she had done her schooling by passing 10 th Class and 12th Class in the year 1994 and 1996 respectively from Kota. The petitioner was given admission in MBBS Course in the year 1999 under 15% central quota through All India PMT and she got admission in Madras Medical College, Chennai (Tamil Nadu). The petitioner is stated to have completed her MBBS in the year 2005 and internship in the year 2006 and she got registered with the Rajasthan Medical Council on 07.12.2007. The petitioner has further pleaded that she had appeared in the Rajasthan Pre-PG Examination, 2009 and got admission in PG Diploma in Public Health (DPH) and completed the same in the year 2011. The petitioner has pleaded that she had appeared in the NEET PG, 2020, conducted by the National Board of Examination for admission to MD/MS/PG Diploma Course including the course of six months Ultrasound PG Diploma in the PCPNDT Act. The petitioner has pleaded that the result of NEET PG, 2020 was declared and she was having the rank at Merit No.38268 (All India Ran). The petitioner wants to get admission in six months Ultrasound PG Diploma in the PCPNDT Act which falls under the Rajasthan State Counseling Board. The petitioner has pleaded that while issuing the booklet, the respondents have provided condition that only those candidates are eligible for the said course, who possess the Degree of MBBS from the Colleges situated in the State of Rajasthan and as such, the petitioner has been rendered ineligible on account of not passing her MBBS Degree from any of the Colleges situated in the State of Rajasthan. The petitioner feeling aggrieved by the said condition, has approached this court.