DEEPENDRA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the counsel for the petitioner and the respondents. Mr.Harshal Tholia appearing for Dr.V.B. Sharma, AAG on instructions of Mr.Prakash Gupta, DLR, SMS Medical College and Hospital, Jaipur, present in person, at the outset submitted that in terms of qualification prescribed for admission into the MBBS Course as per the information bulletin issued by the National (2 of 2) [CW-11747/2019] Eligibility cum Entrance Test NEET (UG), 2019, the petitioner despite having studied only one year of Biology at the 10 + 2 level will be allowed to be admitted to the JLN Medical College, Ajmer, as allotted to him, subject to the outcome of SLP No.30469/2018 before the Apex Court against the judgment dated 17.8.2018 passed by the Delhi High Court in the case of Tanishq Gangwar and Others Versus Union of India and Others in W.P. (C) 6773/2018.

(2.) Mr.Angad Mirdha appearing for the respondent--MCI submitted that indeed in terms of state of law as presently obtaining, albeit subject to the outcome of SLP No.30469/2018 before the Apex Court to which Mr.Harshal Tholia has adverted to, the petitioner cannot presently be ineligible for being admitted to the College to which he has been allotted i.e. JLN Medical College, Ajmer by the Chairman, NEET UG Medical/ Dental Admission and Counselling Board, 2019 (hereafter 'the Admission Board, 2019')- but subject to the decision of the Apex Court in the aforesaid SLP.

(3.) In terms of the fair stand of counsel for the respondents, the petition is accordingly allowed. It is directed that the petitioner be admitted and enrolled as regular student in JLN Medical College, Ajmer allotted to him by the Admission Board, 2019 on deposit of requisite fee, as prescribed for admission. This would however be subject to the outcome of SLP No.30469/2018 filed before the Apex Court against the judgment of the Delhi High Court rendered on 17.8.2018 in the case of Tanishq Gangwar and Others (supra). The petition stands allowed accordingly.