VANYA AGRAWAL Vs. RAJASTHAN UNIVERSITY OF HEALTH SCIENCES

JUDGEMENT

(1.) The matter comes up on an application (1/2019) for impleadment at the instance of one Tanisha Goyal and another application (3/2019) at the instance of Kanishka Agarwal and Karan Chandwani.

(2.) It has been submitted that the petitioner then approached this Court even prior to declaration of the priority/ merit list for admission in the NRI quota and on 4.6.2019 the Vacation Judge while issuing notice on the petition, passed an ad- interim ex-parte order directing that while conducting counselling for admissions into the NRI quota seats NRI students, i.e. those who had actually studied outside India and had participated in the NEET UG Examination 2019 for admission into MBBS course in Government Medical Colleges and Private Medical Colleges, and whose parents were also NRI, be given preference over those who were claiming seats in the NRI quota solely on the basis of their sponsor being a bona fide NRI. The said ex-parte ad interim order albeit passed on 4.6.2019, oddly surfaced after 26.6.2019 when the merit/ priority list of NRI students was drawn and a revised priority/ merit list of those eligible for admission in the NRI quota was issued on 1.7.2019. And thereof the petitioner earlier at serial no.115 in the list of 26.6.2019 was placed at merit no.11 while the applicants were pushed down to merit no.37, 40 and 61 respectively from their merit of 18, 21 and 43 in the original list of 26.6.2019. It has been submitted that on coming to know of the said revised merit list dated 1.7.2019 for admission in the NRI quota, these applications for impleadment in the writ petition have been filed as also one application has been filed under Article 226(3) of the Constitution of India for vacation of ex-parte ad interim order dated 4.6.2019.

(3.) Mr.Vigyan Shah and Mr.Mukesh Agarwal appearing for the applicants seeking impleadment submitted that from the facts recorded above, it is apparent that the ex-parte ad interim order dated 4.6.2019 has worked to the applicant's disadvantage and in the event the petition were to be allowed they will be prejudiced.