KUMARI URVASHI GOCHAR Vs. MUKESH KUMAR AND ORS.

JUDGEMENT

(1.) We have heard learned counsel appearing for the parties.

(2.) This intra-court appeal is directed against the judgment and order of learned Single Judge dated 16.09.2013, by which he has allowed the writ petition, and has held that the seat could not have been given to Kumari Urvashi Gochar-respondent No.4, a female Special Backward Class (for short, 'SBC') candidate, pursuing her studies on a free seat in Government Medical College, Kota, as Mukesh Kumar-the petitioner was higher in merit, and was entitled to the free seat in Government Medical College, Kota. In the second round of counselling, he was given admission on a paid seat in Jhalawar Medical College. A direction was issued to refund the differential amount, between the paid seat and the free seat, to Shri Mukesh Kumar-the petitioner.

(3.) The facts, giving rise to the writ petition, were that, for admission in the Government and private Medical Colleges in the State of Rajasthan for the year 2011, for which the Rajasthan University of Health & Sciences had conducted the examination and counsellings, a total number of 936 seats were available, out of which 689 seats were free seats in the Government Medical Colleges in the State of Rajasthan. Both the petitioner (a boy candidate) and respondent No.4 (a girl candidate) had applied for admission in the Medical Colleges under the SBC category, for which 1% seats were reserved. In the first round of counselling, Mukesh Kumar-petitioner did not succeed in getting admission on a free seat in a Government Medical College. In the second round of counselling, he was offered a seat in Jhalawar Medical College. He accepted the admission, and thereafter filed the writ petition challenging that for 1% of 689 free seats, i.e. 7 free seats, in the Government Medical Colleges, the reservation for girl candidates was at 25%, and thus only 2 seats could be given to the girl candidates out of 7, whereas 3 free seats were given to the girl candidates in the Government Medical Colleges. The respondent No.4, in the writ petition, was the third candidate, who should not have been given admission on the free seat, and that, the third free seat should have been offered to him, as he was higher in merit.