SURENDRA BISNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. Rajasthan and Ors.) are taken into consideration for deciding the controversy involved in the present batch of writ petitions.

(2.) Briefly noted facts of the case are that the petitioner after having qualified the NEET examination was allotted Government Medical College, Barmer wherein he took admission in M.B.B.S. Course for the year 2023. While the petitioner was attending the classes of Ist year M.B.B.S. Course, he was diagnosed with Dengue and on account of the same, he could not attend his classes. After recovering from the illness, he regularly attended the College, however, he was not allowed to undertake the MBBS Ist year examination. The petitioner continued to attend his classes and when he was not allowed to appear in the supplementary examination, he approached this Court by way of filing the present writ petition.

(3.) Learned counsel for the petitioner submits that the petitioner's attendance was short on account of his illness and for other plausible reasons, therefore, he should have been allowed to appear in the supplementary examination. Learned counsel submits that the policy, which was in existence prior to the admission of the petitioner envisaged holding of remedial classes to complete short-fall of the attendance and since, after admission of the petitioner that policy was discontinued and the new policy framed by the respondents did not provide for such arrangement submits that a new policy was introduced in the year 2024, which also envisaged for holding of the remedial classes. He submits that it is on account of only bad luck of the petitioner that he was not allowed to undergo the remedial classes, therefore, he was not in a position to complete his short-fall of attendance for the reasons beyond his control. Resultantly, the petitioner has suffered a loss of one year. Learned counsel further submits that one of the writ petition filed by similarly situated candidate was allowed and the person, who was similarly situated to the petitioner was allowed to undertake examination of first year MBBS Course along with the Second year MBBS course examination. He, therefore, prays that the petitioner may be allowed to undergo second year M.B.B.S. course along with first year MBBS Examination.