Pawan Kumar vs Sandeep Tandon, Chairman

The present contempt petition has been filed by the petitioner for willful disobedience of the order passed by this Court on 12th January, 2021.

Learned counsel for the petitioner submitted that the petitioner had filed SB Civil Writ Petition No.13865/2020 (Pawan Kumar Vs. Chairman NEET-

UG Medical and Dental Admission/Counselling Board-2020 & Anr.) before this Court for claiming reservation as Ward of Defence Personnel under

category Priority -IV for admission in Under Graduate Medical Courses after declaration of result of National Eligibility-cum- Entrance Test (NEET)

- 2020.

Learned counsel submitted that initially, this Court passed interim order on 8th December, 2020 directing the respondent Authorities to consider case

of the petitioner for admission in Under Graduate Medical Courses in the counselling by treating him as Ward of Defence Personnel in Priority-IV

instead of Priority-VI. The consideration of the petitioner was to be on provisional basis and the same was not to confer any right in favour of the

petitioner only on account of passing the interim order and no equity was to be claimed by the petitioner. The interim order, passed by this Court, is

quoted hereunder for ready reference :

Learned counsel for the petitioner is directed to serve copy of the writ petition in the office of Mr.Harshal Tholia who appears on behalf of Dr.V.B.

Sharma, AAG for the respondent.

Learned counsel for the petitioner is also directed to make Sainik Kalyan Board as party respondent and she should supply copy of the writ petition in

the office of Ms.Manjeet Kaur today itself.

Amended cause title be filed immediately.

Learned counsel for the petitioner submitted that the petitioner's father was in Indian Army who was discharged on 01.04.2003 on the ground of

medical disability and disability was attributable to Military Service as per his discharge certificate issued by the Commanding Officer.

Learned counsel further submitted that the petitioner had applied for his admission through NEET UG Counselling, 2020 by showing him to be Ward

of Defence Personnel and he was in priority-IV.

Learned counsel further submitted that the requisite certificate dated 31.10.2020 was also annexed with the requisite document showing the petitioner

to be belonging to Priority-IV and not of Priority-VI as he has been treated by the respondent.

Learned counsel further submitted that first round of counselling has already been conducted by the respondent and second round of counselling is

going to take place soon and if the petitioner would not be considered as per his eligibility to be a Ward of Defence Personnel in Priority-IV, the

petitioner would be deprived to get the right place for his admission. Learned counsel further submitted that in similar matters, this Court has already

passed interim order and has posted the matter on 10.12.2020.

This Court, in normal circumstances, does not pass order without first giving opportunity to the respondent about the eligibility of the candidate to

participate in the counselling, however, considering the fact that second round of counselling is going to take place soon and similar issue is being

considered by this Court in other similar matters. This Court deems it proper to direct the respondent to consider the case of the petitioner for

admission in Under Graduate Medical Course in the counselling by treating him as Ward of Defence Personnel in Priority- IV in stead of Priority-VI.

The consideration of the petitioner would be on provisional basis and same would not confer any right in favour of the petitioner only on account of

passing this interim order and no equity would be claimed by the petitioner.

List on 10.12.2020 after showing name of Dr.V.B. Sharma, AAG and Ms.Manjeet Kaur in the cause list."" Learned counsel submitted that he had

informed this Court at the time of passing of interim order on 8 th December, 2020 that first round of counselling was already conducted by the

respondent and second round of counselling was going to take place and if the petitioner was not considered, as per his eligibility in Priority-IV, right of

the petitioner to get allotment of seat, was to be affected.

Learned counsel submitted that after interim order dated 8 th December, 2020, this Court decided the writ petition of the petitioner by a common order

passed in SB Civil Writ Petition No.13692/2020 (Diksha Choudhary Vs. State of Rajasthan & Ors.) along with the petition, filed by the petitioner

bearing SB Civil Writ Petition No.13865/2020 (Pawan Kumar Vs. Chairman NEET-UG Medical and Dental Admission/Counselling Board-2020 &

Anr.).

Learned counsel submitted that this Court found that both the candidates, namely, Pawan Kumar and Diksha Choudhary were held entitled to be

considered in Priority-IV.

Learned counsel submitted that the petitions were disposed of by observing that both the petitioners were entitled for allotment of seat, after

consideration of their candidature, as per Category Priority-IV of Children of Defence Personnel and the interim order, passed by this Court, was

made absolute and further, both the petitioners, i.e., the petitioner in the present contempt petition and the other person, were to be considered for

allotment of college, as per their merit and preference.

Learned counsel submitted that the respondent has not granted admission to the petitioner in spite of interim order and final order allowing the

admission in favour of the petitioner.

Learned counsel submitted that some other candidates had also filed the writ petitions, claiming same benefits in Priority-IV and as such, this Court, in

SB Civil Writ Petition No.13692/2020 (Diksha Choudhary Vs. State of Rajasthan & Ors.), SB Civil Writ Petition No.13693/2020 (Isha Choudhary Vs.

State of Rajasthan & Ors.) & SB Civil Writ Petition No.13696/2020 (Devanshi Vs. State of Rajasthan & Ors.), passed interim order on 19 th

November, 2020 and directed the respondents to include petitioners therein, in the first round of counselling by treating their candidature in Priority-IV

against the reservation provided for Ex-serviceman and the Court further, made it clear that the interim order, passed by this Court, was not to be

claimed as an equity by the petitioners therein and further, participation in counselling was made subject to final outcome of the writ petitions.

Learned counsel submitted that the writ petitions of other two candidates in the case of Isha Choudhary Vs. State of Rajasthan & Ors. (supra) and

(Devanshi Vs. State of Rajasthan & Ors.) were decided by this Court by an order dated 13 th January, 2021 and this Court gave directions to

consider them in Category Priority-IV and further, the interim order passed on 19 th November, 2020 was also confirmed.

Learned counsel submitted that all the other three candidates, namely, Devanshi, Diksha Choudhary and Isha Choudhary have been granted admission

by taking them in Category Priority-IV and the petitioner, who is more meritorious, is not granted admission and as such, the respondent has willfully

flouted the order of this Court.

Learned counsel submitted that the list, prepared by the respondent in respect of eligibility of the candidates, clearly reflected that the petitioner was

placed at Serial No.43 in the list dated 17th November, 2020 and the other candidates, namely, Diksha Choudhary, Isha Choudhary and Devanshi

were shown at Serial Nos.45,46 & 49 respectively.

Learned counsel submitted that after decision of this Court, the respondent ought to have carried out the exercise of filling seats of candidates by

treating them in Category Priority-IV and if three seats have been earmarked for such candidates, name of the present petitioner ought to have been

included in the admission list and accordingly, college should have been allotted to him.

Learned counsel submitted that the interim orders passed by this Court, in all the cases, made it very clear that interim orders were subject to final

outcome of the petitions and no equity was to be claimed by any candidate and if the candidate has been allotted any seat in first round of counselling

and not having requisite merit, no benefit should be allowed to be claimed by such candidate and the petitioner should be given seat as per his merit.

Learned counsel for the respondent - Mr.Harshal Tholia submits that there has been no willful disobedience of the order passed by this Court.

Learned counsel submitted that the respondent had initiated the process of first round of counselling for allotment of seat and in all, 24 seats were

reserved for WDP category and out of 24 seats, 18 seats were for WDP category of Armed Forces and 6 seats for Para-military Category.

Learned counsel submitted that 70 WDP Category candidates were called for first round of counselling, out of which, 53 reported for the document

verification on 12th November, 2020 and 15th November, 2020.

Learned counsel further submitted that a provisional combined list (counselling Round 1) dated 7th November, 2020 of WDP category was prepared

and then on 12th November, 2020, provisional revised combined WDP merit list (Counselling Round 1) was prepared and finally, list dated 15th

November, 2020 was prepared in respect to the provisional allotment list WDP (Counselling Round 1).

Learned counsel submitted that first round of counselling was over on 19th November, 2020, however, due to interim order, passed by this Court on

19th November, 2020 in the case of Devanshi Vs. State of Rajasthan & Ors. (supra), Diksha Choudhary Vs. State of Rajasthan & Ors. (supra) &

Isha Choudhary Vs. State of Rajasthan & Ors. (supra), counselling was again done on 20th November, 2020 and all these three candidates were

considered in Category Priority-IV and granted admission and allotted colleges.

Learned counsel submitted that as far as interim order passed by this Court in the case of the petitioner on 8 th December, 2020 is concerned, since

the respondent had already completed first round of conselling and nobody had left seat after joining the same and as such, no seat was available in

second round of state counselling and the interim order, passed by this Court, was taken into account, however, since seats were not available, the

petitioner was not allotted any college.

Learned counsel further submitted that the merit list, which was prepared by the respondent in respect of Category Priority-IV was as per the

directions given by this Court and as such, when the writ petitions were decided finally, this Court had directed only to consider all the four candidates

in Category Priority-IV and as such, the respondent has not flouted the order passed by this Court.

Learned counsel further submitted that in case, this Court is required to interpret the order in such a manner that re- counselling is required to be done,

necessary directions are required by way of clarification and as such, the respondent can carry-out the requisite exercise even after admissions are

complete.

Learned counsel submitted that the respondent-contemnor has no intention to flout the order of this Court and it is only if due permission is granted by

this Court to conduct the counselling and necessary exercise can be carried out.

I have considered the submissions made by learned counsel for the parties and perused the material available on record.

This Court finds that interim order was initially passed on 19th November, 2020 in respect of three writ petitions, i.e., Devanshi Vs. State of Rajasthan

& Ors. (supra), Diksha Choudhary Vs. State of Rajasthan & Ors. (supra) & Isha Choudhary Vs. State of Rajasthan & Ors. (supra) and as per the

directions given by this Court, as an interim measure, these all three candidates were allotted seas in first round of counselling.

This Court further finds that in the case of the present petitioner, interim order was passed by this Court on 8 th December, 2020 and the Court had

taken cognizance of the fact that first round of counselling was already over, however, to protect interest of the petitioner, as an interim measure, the

petitioner was permitted to participate in second round of counselling.

This Court finds that if second round of counselling, did not include any seat of WDP category, the respondent could not have considered case of the

petitioner in Category Priority-IV, as there was no seat available.

This Court finds that the admission process, in the matter of medical courses, need to be completed in time bound manner, as per the directions given

by the Hon'ble Supreme Court from time to time.

This Court finds that those persons, who had come to the Court earlier and at that relevant point of time, when first round of counselling was taking

place, necessary directions were given.

This Court, further, in order to see that no injustice is caused to the petitioner in the present case, permitted him to participate in the second round of

counselling.

The submission of learned counsel for the petitioner that in the orders, passed by this Court, merit is required to be considered and less meritorious

candidate should not be given admission and as such, the respondent is misinterpreting the order passed by this Court, this Court finds that the

direction, which was given to include the petitioner in second round of counselling, was duly complied with but no seat was available for admission in

WDP Category.

This Court further finds that while deciding the writ petition finally, this Court had observed that admissions were to be given as per merit of the

candidates, the inter-se dispute of merit of the candidates cannot be resolved in the contempt petition.

This Court finds that if the petitioner had approached the Court at that point of time, when the exercise of first round of counselling was already over

and the order was passed in the other cases earlier, the authorities cannot be fastened with the liability that they intentionally flouted the order of this

Court.

This Court finds that in the contempt proceedings, the Court has to see whether there is a deliberate action to flout order of the Court and as such, this

Court does not find that the respondents have committed any contempt of the order passed by this Court.

This Court finds that the contempt petition filed by the petitioner is not to be entertained and the same is dismissed.