AKSHARA TOMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner appeared in the National Eligibility cum Entrance Test (hereafter 'the NEET') UG-2019 written examination and passed it. She states to have found place at State merit No. (Round 2) 12554 in the NRI quota her father being NRI resident in United Arab Emirates (hereafter 'UAE'). The petitioner came to be allotted Government Medical College, Bharatpur by the NEET-UG (Medical / Dental) Admission / Counselling Board, 2019 in the NRI quota. Her case is that as per the check list issued by the Counselling / Admission Board, 2019, she deposited a Draft of Rs.15.00 lacs, as required, as the first year fee with the Government Medical College, Bharatpur. It has been submitted that however she is being required by the Government Medical College, Bharatpur to deposit the entire fee for the duration of MBBS course, which aggregates to Rs.75.00 lacs. It has been submitted that the petitioner's father is not in a position to pay the aforesaid amount of Rs.75.00 lacs in lumpsum as he is only a middle rank employee in UAE and earning about 3428 $ per month. It has been prayed that in the circumstances this Court exercise its equitable jurisdiction and direct that the petitioner be admitted to the Government Medical College, Bharatpur allotted to her on payment of one year fee and post dated cheques for the remainder term of the MBBS course be accepted. Reference has been made by Mr. Deen Dayal Sharma, counsel for the petitioner to the interim order of the Principal Seat of this Court passed on 25/7/2019 in SBCWP No. 10095/2019 - Saurabh Kumar Meena Versus State of Rajasthan and Ors. where the petitioner therein was allowed admission to the medical college allotted to him on payment of one year fee and her father's personal bond for the remainder fee for the duration of the MBBS Course.

(2.) Mr. Harshal Tholia appearing for the respondents was served a copy of this petition on 6/8/2019 and required to file reply justifying as to why the entire fee for the MBBS course was to be paid at the outset by the petitioner for admission to the allotted college. Albeit reply to the petition has not been filed, in the course of hearing of the petition, Mr. Harshal Tholia has passed over to this Court a copy of the order dtd. 18/4/2017 issued by the Secretary, Medical Education, Government of Rajasthan, whereunder in para 6 thereof it has been provided that NRI students would be required to pay the one time fee of $ 1,00,000. Mr. Tholia submitted that the said order duly modified was also notified on the website of Government Medical College, Bharatpur on 20/6/2019, where the one time fee to be deposited by students in the NRI quota was enhanced from $ 1,00,000 to $ 1,05,000. The petitioner thus had notice of fee being required to be paid one time at the time of the allotment of college to her on or about 2/8/2019. Mr. Harshal Tholia further pointed out that reliance placed on the judgment of the Principal Seat of this Court in the case of Saurabh Kumar Meena Versus State of Rajasthan and Ors. (supra) by the counsel for the petitioner is in-apposite. He submitted that the said order does not relate to admission in the NRI quota. He submitted that the whole purpose of carving out the NRI quota of 15 % from the State quota seats is to generate revenues for the efficient running of the medical colleges and in the event those revenues are jeopardized, the whole purpose of the NRI quota would be defeated.

(3.) Heard. Considered.