AARTI GUPTA & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These petitions relate to admissions into MBBS / BDS Course following the NEET (UG) Examination, 2019.

(2.) These petitions challenge the revised mop up round of counselling vide notification dated 22.8.2019 where in terms of the order dated 21.8.2019 passed by the Board of Governors and the judgment of this Court based thereon in the case of Kashish Mittal & Ors. Versus State of Rajasthan & Ors. (SBCWP No. 13819/2019) and other connected matters rendered on 22.8.2019, upgradation and upward movement of seats in the revised mop up round of counselling was permitted.

(3.) Admittedly the last date for admission into MBBS / BDS Course, 2019 in terms of the calendar of the MCI, affirmed by the Apex Court was 31st August, 2019 which is well past. The petitioners also admittedly participated in the revised mop up round of counselling without demur and having failed to secure admission / the college of choice for the MBBS / BDs Course commencing 2019, have approached this Court on the rebound in breach of the dictum that one cannot both approbate and reprobate. Issue of estoppel in the above circumstance on the petitioners having participated in the process of counselling in laying challenge to the revised mop up round following notification dated 22.8.2019 would also require consideration. Even otherwise, it is not the petitioners case that anybody less meritorious than them has been admitted to the college of his / her choice.