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Tarun Parihar & Another v/s The National Institute of Ayurved Jorawar Singh Gate, through its Registrar, Jaipur & Another

Company & Directors' Information:- J R N INSTITUTE PRIVATE LIMITED [Active] CIN = U80302DL2004PTC127742

Company & Directors' Information:- O S AYURVED PRIVATE LIMITED [Active] CIN = U24233DL2007PTC168972

Company & Directors' Information:- K. P. AYURVED PRIVATE LIMITED [Active] CIN = U51909WB2009PTC131670

Company & Directors' Information:- H S & E INSTITUTE PRIVATE LIMITED [Active] CIN = U80301KL2011PTC029468

Company & Directors' Information:- K V R INSTITUTE PRIVATE LIMITED [Strike Off] CIN = U80903TN2001PTC046438

    S.B. Civil Writ Petition No. 781 of 2021

    Decided On, 04 March 2021

    At, High Court of Rajasthan Jaipur Bench


    For the Petitioners: Ashok Joshi, Advocate. For the Respondents: Anurag Agarwal, Dharmendra Joshi, Advocates.

Judgment Text

1. This writ petition has been filed by two petitioners namely Tarun Parihar and Gopal Choudhary seeking a direction to consider them for admission in Post Graduate MD/MS Ayurveda Course against 22 seats earmarked/reserved for National Institute of Ayurveda passed out (Fresh Candidates).2. The facts, in nutshell, are that both the petitioners claim that they have done their graduation from the National Institute of Ayurveda (in short ‘NIA’) in the year 2018-19 respectively and they belong to OBC Category.3. The petitioners have pleaded that a written examination was conducted by the PG Admission Board and in the result declared, the petitioner No.1 was placed at the Rank No.993 and the petitioner No.2 was placed at Rank No.1497. Both the petitioners have pleaded that while filling up the online application form for counselling, they mentioned the name of institution from which they passed out, as Dr.S.R.Rajasthan Ayurved University. The petitioners have pleaded that at the time of filling up the application form, the certificate issued by the NIA, mark-sheets, provisional certificates and internship certificates were also furnished.4. The petitioners have pleaded that requisite information while filling up the online application form was given by them, as the NIA was not declared as a Deemed University and under a bonafide belief they mentioned the name of Dr.S.R.Rajasthan Ayurved University.5. The petitioners have pleaded that after declaration of result, the PG Admission Board issued a merit list of 62 candidates and in the said merit list at Serial No.37 at Rank No.1209 the candidate was shown as ‘NIA passed out Unreserved Category’; and at Serial No.44 at Rank No.1986 and Serial No.45 at Rank No.2006, the candidates were shown as ‘NIA passed out OBC Category’. The petitioners have pleaded that they have secured the Rank Nos.993 and 1497 respectively but their names were missing in the said merit list and the candidates lower in merit and belonging to OBC Category were selected by the respondents.6. Learned counsel for the petitioners submitted that nonselection of the petitioners against the NIA passed out (Fresh Candidates) is arbitrary and discriminatory in nature. He further submitted that while filling up the online application form, both the petitioners have given option of the Institute as Dr.S.R.Rajasthan Ayurved University and since the qualification acquired by the petitioners was from the NIA, their candidature should have been considered against the NIA passed out (Fresh Candidates).7. Learned counsel further submitted that omission on the part of the petitioners in filling the column of the Institution was bonafide and as such, the respondents should not have ignored the candidature of the petitioners as the candidates with lower percentage of marks were allotted seats, as against 22 seats earmarked for the NIA passed out (Fresh Candidates).8. The respondents have filed reply to the writ petition and averred therein that while filling up the application form, against the column of Institute from where the candidate passed out, the petitioners have filled the name of the Institute as Dr.S.R.Rajasthan Ayurved University and as such, their candidature was not to be considered against the reserved category of NIA passed out (Fresh Candidates). The respondents have further averred that in the online procedure, the system automatically places the category of the candidates in which they applied and only original documents were to be considered at the time of counselling.9. The respondents have further averred that the candidature of the petitioners was not considered, as the last rank of Dr.S.R.Rajasthan Ayurved University was 338 whereas the rank of the petitioners were 993 and 1447 respectively.10. The petitioner No.1 Tarun Parihar has filed additional affidavit and submitted that a notice was published by the Director, NIA on 08.01.2021 by which grievance with respect to provisional list of candidates, selected for MD/MS (Ayurveda) was to be submitted by sending e-mail to the NIA and the petitioners in response to the said notice, submitted their representation to the Grievance Committee on 08.01.2021 and stated that due to technical mistake they opted for Dr.S.R.Rajasthan Ayurved University instead of NIA and no action was taken by the Grievance Committee on the application filed by them.11. Mr. Anurag Agarwal, learned counsel for the respondents, while supporting the decision of the respondents of not considering the petitioners as NIA passed out (Fresh Candidates), submitted that the representation of the petitioners for change of category was duly considered by the Grievance Committee and it was found that since the issue did not relate to the counselling process and there was no technical or procedural error on the part of NIA, hence the grievance of the petitioners was rejected. Learned counsel also submitted that the petitioners, after declaration of the result, sought rectification or change of their category and as such, when names of the petitioners did not appear in the list of candidates, for 22 seats reserved for University of Rajasthan/Dr.S.R.Rajasthan Ayurved University/NIA old students, the petitioners have approached this Court.12. I have heard learned counsel for the parties and with their assistance perused the material available on record.13. This Court finds that the petitioners while filling up the online application form specifically mentioned their category as passed out from Dr.S.R.Rajasthan Ayurved University and accordingly their case was considered by the respondents for allotment of seats. This Court further finds that online application forms were filled in by the candidates prior to declaration of the result/counselling process and the petitioners, if had filled incorrect information due to inadvertent error, the necessary action was required to be taken by them immediately and not after the declaration of result of the candidates, allotting the seats in each category differently.14. This Court further finds that the petitioners have taken a chance to get themselves considered against the seats reserved for other category of candidates/sources and if the petitioners did not choose to fill the form by making out their case for consideration as the NIA passed out (Fresh Candidates), the respondents cannot be made liable for the same.15. This Court further finds that no candidate, lower in merit than the petitioners, has been given admission in OBC Category, in which the petitioners had applied and as such, it cannot be inferred that there was any element of arbitrariness on the part of the respondents.16. This Court further finds that the grievance which was raised by the petitioners was taken note of by the Grievance Committee of the respondents and after considering the entire facts, the representation made by the petitioners was rejected.17. This Court finds that for the purpose of counselling in National Institute of Ayurveda, Jaipur, information booklet was published for the Academic Session 2021 and online application form for registration was available from 29.12.2020 and the last date for submission of application was 04.01.2021. This Court finds that the petitioner No.1 has placed on record his online application form for the purpose of counselling, whi

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ch was last modified on 01.01.2021. The petitioners, if had any grievance about change of their category, they were well within their rights to get proper correction for change of category. However, the petitioners, after declaration of result, have made the request for change of their category and the same would amount to consideration along with candidates who have opted for a particular category for the purpose of admission. The change of category in the matter of admission in education institution, after allotment of seats, creates third party rights and as such, even if the petitioners have committed an inadvertent error, the same may not result into permitting them to change their category. 18. Consequently, the present writ petition being devoid of any force, accordingly stands dismissed. No costs.