ALOK SHARMA,J. - (1.) This petition has been filed with the following prayers: "(I) issue an appropriate writ, order or direction declaring admissions given to private respondents no. 4 to 7 to be illegal, arbitrary, unjustified and unconstitutional and the same be kindly quashed and set-aside and; (ii) By an appropriate writ, order or direction the respondents be directed to treat all such candidates who failed to submit complete documents till the time of verification i.e. 30.6.2018 ineligible and to prepare the Merit List for State Quota seats afresh strictly in accordance with the guidelines and further the petitioner be given admission in MBBS Course in Jhalawar Medical College on the basis of the marks obtained in NEET; (iii) Issue any appropriate writ, order or direction as may be deemed just and proper in the facts and circumstances of the case be kindly passed in favour of the humble petitioner."
(2.) Mr. A.K. Sharma, Sr. Counsel with Mr. V.K. Sharma, for the petitioner submitted that the petitioner with ancestry in the State of Rajasthan applied for a seat in NRI quota at the Jhalawar Medical College. And as per the guidelines for admission under NRI quota in Medical / Dental Colleges in the State of Rajasthan, priority was to be given to the NRI students with ancestral background in the State of Rajasthan, where the candidate himself/herself/parents/grandparents had resided in the State of Rajasthan at least for a period of 5 years at any time. Mr. AK Sharma submitted that however while admitting students under the NRI quota in the Jhalawar Medical College, the petitioner's case was appropriately considered and he was arbitrarily overlooked inasmuch as respondents no. 4, 5, 6 and 7 eligible to be admitted in MBBS, 2018 under NRI quota, as defined in the guidelines for admission were instead admitted. Mr. AK Sharma submitted that the guidelines for admission under NRI quota provide that if students did have their parents as NRIs and themselves were also so, their NRI "nearest relatives" were to be considered for sponsoring their admission in the NRI quota provided the "nearest relative" had bonafidely treated him/her as a ward. For the purpose, "nearest relatives" were defined to include the following: i) Either the real brother or the real sister of father i.e. real uncle and real aunt. ii) Real brother and sister of mother i.e. real maternal uncle and maternal aunt. iii) Father and mother of father i.e. grand-father and grand-mother iv) Father and mother of mother i.e. maternal grand-father and maternal grandmother v) First degree-paternal and maternal cousins vi) Such person should be NRI.
(3.) It was submitted that the sponsors of respondents no. 4, 5, 6 and 7 for NRI quota were neither their parents nor "nearest relatives". The sponsor NRIs did fall in the aforesaid categories, consequent to which the respondents 4 to 7 could have been considered for allotment of seats under NRI quota in Jhalawar Medical College or elsewhere. It was submitted that if the admissions in the NRI quota had been lawfully made as per the guidelines for admission in MBBS, 2018, in terms of his merit, the petitioner would have found a place in Jhalawar Medical College in the quota in issue in the first round of counselling itself. However, he was denied admission, consequent to which he had to opt for and was given admission in the NRI quota at the Bhilwara Medical College. Mr. A.K. Sharma submitted that the resultant illegality in the facts of the case stated above cannot be sustained and accordingly action of the respondents in wrongly denying the petitioner admission in NRI quota at Jhalawar Medical College for MBBS, 2018 deserves to be quashed and set-aside with consequential directions.;