KRISHNA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against order dtd. 18/5/2022 passed by Ld. Single Judge whereby the appellant's petition seeking a direction to allow him to join the MBBS course in Government Medical College, Kota in pursuance of allotment letter and second round of counseling, has been dismissed.

(2.) Quint-essential facts necessary for adjudication of controversy involved in the present appeal are that the appellant participated in National Entrance-cum-Eligibility Test, U.G. 2021 (hereinafter read as "NEET UG 2021") and secured 637 marks. Appellant secured All India Rank at Sr. No.6610. Thereafter, the appellant was permitted to appear in the counseling process for admission and in the first round of counseling, he was allotted Government Medical College, Pali where he submitted all his certificates, documents & credentials. As pleaded in the petition, in the second round of counseling, the appellant was allotted Government Medical College, Kota, by way of up-gradation whereafter he deposited the requisite fee in the Government Medical College, Kota.

(3.) However, the Principal, Government Medical College, Kota did not allow him to join. Vide his letter dtd. 14/3/2022 addressed to the Chairman, NEET U.G. State Counseling Board, Principal sought appropriate direction and guidance regarding appellantwrit petitioner's eligibility by highlighting that the appellant had studied 'Biology' in 12th Class alone and therefore, as per the eligibility criteria stated in the information booklet, he was not eligible for admission. A reminder was sent to him on 15/3/2022 again highlighting that 'Biology' subject was not listed as a subject in the mark-sheet of Class 11th whereas the eligibility criteria required study for two years in the subject of 'Biology'. As the appellant was denied admission, he approached this Court by filing writ petition on the ground that the appellant-writ petitioner had a brilliant academic record and he passed Class 11th examination with core subjects of Physics, Chemistry and in the electives he had studied and passed in the subjects of Mathematics and Hindi. In the Senior Secondary Examination, 2020, the appellant-writ petitioner had opted Hindi and English as compulsory subjects whereas he had taken Physics, Chemistry and Biology as optional subject and as an additional he had also taken Mathematics. He passed in Senior Secondary Examination. On such factual assertion, the appellant-writ petitioner claimed that since he had studied 'Biology' as an optional subject in 12th Class, he was entitled to be declared eligible even if he had not taken 'Biology' as a compulsory or optional subject in 11th Class.