JUDGEMENT
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(1.) The instant petition has been filed by the petitioner challenging the condition of eligibility of possessing Degree of
MBBS from the Colleges situated in the State of Rajasthan for the
purpose of admission in six month Ultrasound PG Diploma Course
under the Pre-conception and Pre-natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994
(hereinafter referred to as 'the PCPNDT Act') as such condition
being arbitrary, unreasonable and violative of the provisions of
Articles 14, 15, 16 and 21 of the Constitution of India.
(2.) The petitioner further challenges eligibility condition appearing in the instructions booklet issued by the office of
Chairman, NEET-PG Medical and Dental Admission/Counseling
Board, 2020 - Principal, Government Dental College, Jaipur for
State Medical and Dental PG Seats (MD/MS/MDS/Diploma) and six
month ultrasound course under PCPNDT Act, Allotments, 2020.
The petitioner also prays for a declaration that she may be
granted admission to the said course treating her eligible on the
basis of merit secured be her in NEET PG, 2020.
(3.) The petitioner has pleaded in her petition that she had done her schooling by passing 10 th Class and 12th Class in the year 1994
and 1996 respectively from Kota. The petitioner was given
admission in MBBS Course in the year 1999 under 15% central
quota through All India PMT and she got admission in Madras
Medical College, Chennai (Tamil Nadu). The petitioner is stated to
have completed her MBBS in the year 2005 and internship in the
year 2006 and she got registered with the Rajasthan Medical
Council on 07.12.2007. The petitioner has further pleaded that
she had appeared in the Rajasthan Pre-PG Examination, 2009 and
got admission in PG Diploma in Public Health (DPH) and completed
the same in the year 2011. The petitioner has pleaded that she
had appeared in the NEET PG, 2020, conducted by the National
Board of Examination for admission to MD/MS/PG Diploma Course
including the course of six months Ultrasound PG Diploma in the
PCPNDT Act. The petitioner has pleaded that the result of NEET
PG, 2020 was declared and she was having the rank at Merit
No.38268 (All India Ran). The petitioner wants to get admission in
six months Ultrasound PG Diploma in the PCPNDT Act which falls
under the Rajasthan State Counseling Board. The petitioner has
pleaded that while issuing the booklet, the respondents have
provided condition that only those candidates are eligible for the
said course, who possess the Degree of MBBS from the Colleges
situated in the State of Rajasthan and as such, the petitioner has
been rendered ineligible on account of not passing her MBBS
Degree from any of the Colleges situated in the State of
Rajasthan. The petitioner feeling aggrieved by the said condition,
has approached this court.;
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