- (1.) The matter comes up on an application (1/2019) for impleadment at the instance of one Tanisha Goyal and another application (3/2019) at the instance of Kanishka Agarwal and Karan Chandwani. The case of the applicants is that having succeeded in NEET UG 2019 they had applied for admission to MBBS Course in the NRI quota in the State quota seats in Colleges in the State of Rajasthan. It has been submitted that information booklet issued by the Office of the Chairman, NEET UG Medical and Dental Admission/ Counselling Board-2019 and Principal and Controller, SMS Medical College and Attached Hospitals, Jaipur (hereafter 'the Admission Board, 2019') in respect of reservations of seats vide clause 4 (f) provided that for admission in the NRI quota seats preference would be given to NRIs, son's/ wards with ancestral background of the State of Rajasthan. These guidelines for availing the NRI quota were consonant with the directions of the Apex Court in the case of Consortium of Deemed Universities in Karnataka (CODEUNIK) and Anr. vs. Union of India and Others W.P. (c) No.689/2017 decided on 22.8.2017. It has been submitted that the applicants fulfill the aforesaid parameters to be considered for admission in MBBS Medical Colleges in the State of Rajasthan in the NRI quota. Pursuant to their registration online for the purpose a list of eligible NRI candidates as per the documents verification on 26.6.2019 was published. Therein the applicant Tanisha Goyal was placed at serial no.18 having a State rank of 5955, the applicant Kanishka Agarwal was placed at serial no.21 with State merit of 6212 and the applicant-- Karan Chandwani was placed at serial no.43 with a State merit of 7737. The petitioner on her part was placed at serial no.115 with a State merit of 12064.
(2.) It has been submitted that the petitioner then approached this Court even prior to declaration of the priority/ merit list for admission in the NRI quota and on 4.6.2019 the Vacation Judge while issuing notice on the petition, passed an ad- interim ex-parte order directing that while conducting counselling for admissions into the NRI quota seats NRI students, i.e. those who had actually studied outside India and had participated in the NEET UG Examination 2019 for admission into MBBS course in Government Medical Colleges and Private Medical Colleges, and whose parents were also NRI, be given preference over those who were claiming seats in the NRI quota solely on the basis of their sponsor being a bona fide NRI. The said ex-parte ad interim order albeit passed on 4.6.2019, oddly surfaced after 26.6.2019 when the merit/ priority list of NRI students was drawn and a revised priority/ merit list of those eligible for admission in the NRI quota was issued on 1.7.2019. And thereof the petitioner earlier at serial no.115 in the list of 26.6.2019 was placed at merit no.11 while the applicants were pushed down to merit no.37, 40 and 61 respectively from their merit of 18, 21 and 43 in the original list of 26.6.2019. It has been submitted that on coming to know of the said revised merit list dated 1.7.2019 for admission in the NRI quota, these applications for impleadment in the writ petition have been filed as also one application has been filed under Article 226(3) of the Constitution of India for vacation of ex-parte ad interim order dated 4.6.2019.
(3.) Mr.Vigyan Shah and Mr.Mukesh Agarwal appearing for the applicants seeking impleadment submitted that from the facts recorded above, it is apparent that the ex-parte ad interim order dated 4.6.2019 has worked to the applicant's disadvantage and in the event the petition were to be allowed they will be prejudiced. Hence the applications for impleadment be allowed. Mr.Sandeep Singh Shekhawat, counsel for the petitioner has very fairly submitted that, in the facts of the case, he does not have any objection to the applications for impleadment being allowed. Consequently, the applications at the instance of Tanisha Goyal as also Kanishka Agarwal and Karan Chandwani for impleadment as party respondents in the petition, are allowed. Amended cause title be filed today itself in view of the urgency of the matter with College allotments based on the revised list dated 1.7.2019 being imminent. The issue now is with regard to the application for vacation of ex-parte ad interim order dated 4.6.2019. Mr.Sandeep Singh Shekhawat counsel for the petitioner submitted that the application under Article 226(3) of the Constitution of India for vacation of ex-parte ad interim order dated 4.6.2019 is not listed in Court today. Yet he would have no objection to address it on merits in view of the urgency of the matter relate as it does to admissions to MBBS within the Apex Court's defined calendar. ;