MISS DIVYA GUPTA; MISS HEENA SONI AND MOHD ZIBRAN Vs. RAJ UNIVERSITY OF HEALTH SCIENCE
LAWS(RAJ)-2009-5-140
HIGH COURT OF RAJASTHAN
Decided on May 26,2009

Miss Divya Gupta; Miss Heena Soni And Mohd Zibran Appellant
VERSUS
Raj University Of Health Science Respondents

JUDGEMENT

- (1.) Instant petitions have been filed by petitioners with their grievance that despite they were much higher in order of merit in the list prepared on the basis of Rajasthan Pre Medical Test-2008 ["RPMT"], applicants, who are lower in merit were granted admissions on 30/9/08 in MBBS (1st Year) in pursuance of advertisement dt.30th September 2008 as is evident from (Ann.5). Respective petitioners appeared in RPMT-2008 held by respondent No. 2 in which they were declared successful and petitioners namely; Miss Divya Gupta & Miss Heena Soni, both appeared in the category of OBC [Female] and secured 672 & 686 marks. At the same time, petitioner namely; Mohd. Zibran secured 685 in the category of General [Male]. Admission process was initiated by the respondents through counselling on the basis of merit list published by the Convenor, RPMT-2008. However, final admissions were made from waiting list on 30th September, 2008, which was the last date on which admissions could be made.
(2.) However, respondent No. 4 & 5 being represented by Mr. S.P.Sharma made admissions in MBBS (1st Year) Course for the academic session 2008-09 from the applicants who were either lower in order of merit qua present petitioners or those who did not appear and participate in the competitive test i.e. RPMT-2008 held by the respondents. It has been brought to the notice of this Court that no admissions can be made as per guidelines laid down by the apex court in regard to admission in First Year MBBS Course after 30th September.
(3.) It has come on record that sanctioned intake strength of the respondent institution approved by MCI is of 150 seats out of which 85% seats are reserved against government quota to be filled strictly on the basis of merit as per list sent by Convenor, RPMT and 15% seats are available which is called Management/NRI quota can be filled by the institution at its own in terms of procedure provided by the authority.;


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