VISHAKHA PICCHOLIYA v. UNION OF INDIA
Court: High Court of Rajasthan
Bench: DINESH MEHTA
Judgment date:
Case summary
High Court of Rajasthan judgment dated 2025-02-13. VISHAKHA PICCHOLIYA v. UNION OF INDIA. Read the judgment and case details on LawSphereX.
Judgment text
[2025:RJ-JD:8907] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR (1) S. B. Civil Writ Petition No. 4626/2019 1. Pramod Saharan S/o Shri Pratap Singh, Aged About 24 Years, Resident Of Nethwa, Churu (Raj. ). 2. Ambika Choudhary D/o Shri Hardutt Singh Saharan,, Aged About 22 Years, Resident Of 32- Parshuram Nagar, Churu (Raj. ). 3. Pritam Kumar S/o Shri Pratap Singh Saharan,, Aged About 22 Years, Resident Of Kailash Nethwa, Taranagar, Churu (Raj. ). 4. Amit Kumar Yadav S/o Shri Kaushal Kumar Yadav,, Aged About 22 Years, Resident Of Shree Krishana Hospital, Merta City, Nagour (Raj. ). 5. Bindu Chouodhary D/o Shri Manish Kumar Choudhary,, Aged About 22 Years, Resident Of A-16, Housing Board, Govind Nagar, Rajsamand (Raj. ). 6. Yash Raj Saini S/o Shri Kamlesh Saini,, Aged About 24 Years, Resident Of Plot No. - 332, Gopal Colony, Near Pinjrapol, Gaushala, Delhiwala Ki Kothi, Sanganer, Jaipur (Raj. ). 7.
Anjali Dhabai D/o Shri Jugal Kishore Dhabai,, Aged About 22 Years, Resident Of Dhabai Ward No. 37, New Baluram Compounder Ki Gali, Sikar (Raj. ). 8. Paran Gupta S/o Shri Vinod Kumar Gupta,, Aged About 22 Years, Resident Of Plot No. - 13 A, Vijat Badi, Path No. -4, Dehar Ka Balaji, Sikar Road, Vidhyadhar Nagar, Jaipur (Raj. ). 9. Moksha Kanwar Sisodiya D/o Shri Aman Singh Sisodiya,, Aged About 22 Years, Resident E- 329- 330, Rameshwar Nagar, Basni, Phase-1, Bhagat Ki Kothi, Jodhpur (Raj. ). 10. Sujata Anjana D/o Shri Shanti Lal,, Aged About 25 Years, Resident Of Near Shardamata Temple, Village Basad, Pratapgarh (Raj. ). ----Petitioners Versus 1. The Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 2. The Board Of Governors In Supersession Of Medical Council Of India, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi- 110077 Through Its Secretary. 3.
Geetanjali Medical College And Hospital, Geetanjali Medi City, Hiran Magri Extension, Udaipur, Rajasthan Through Its Principal. 4. Geetanjali University, Udaipur Nh-8, By-Pass, Eklingpura Choraha, Udaipur, Rajasthan Through Its Registrar. ----Respondents Connected With [2025:RJ-JD:8907] (2 of 10) [CW-4626/2019] (2) S. B. Civil Writ Petition No. 4490/2019 1. Vishakha Piccholiya D/o Shri Parasram Salvi, Aged About 24 Years, 6-B/r, Zinc Park, Motimagri Scheme, Udaipur (Raj. ). 2. Rohit Kumar Saini S/o Shri Jeewraj Saini, Aged About 23 Years, 262, Ram Leela Maidan, Ward No. 22, Sikar (Raj. ). 3. Vartika D/o Shri Om Prakash Rao, Aged About 20 Years, Vpo - Kasni, Tehsil Surajgarh, District Jhunjhunu (Raj. ). 4. Chinar Barola D/o Shri Sambhav Barola, Aged About 22 Years, Near Pathik Hotel, 23 Shivaji Nagarh, Municipal Colony, Udaipur (Raj. ). 5.
Suman Kumari Goswami D/o Shri Ram Pal Puri Goswami, Aged About 22 Years, Village Begpura, Post Daulatpura, Tehsil Kuchaman City, District Nagaur (Raj. ). 6. Chirag Balotiya S/o Shri Gunwant Balotiya, Aged About 22 Years, A/3 Sukhsagar, Nagar, Palika Colony, Chittorgarh (Raj. ). 7. Shivanibindal D/o Shri Ved Kumar Bindal, Aged About 22 Years, 310/k, Near Hindi Vidhya Bhawan, Ward No. 22, Sikar (Raj. ). 8. Prachi Bindal D/o Shri Natwar Lal Bindal, Aged About 22 Years, 310/k, Near Hindi Vidhya Bhawan, Ward No. 32, Sikar (Raj. ). 9. Gopal Lal Dhakar S/o Shri Rajmal Dhakar, Aged About 21 Years, 140-Javada, Village Javada, Tehsil Bijoliya, District Bhilwara (Raj. ). 10. Rishi Dadhich S/o Shri Krishan Mohan Sharma, Aged About 22 Years, B-284, Vaishali Circle, Vaishali Nagar, Jaipur (Raj. ). 11. Kunjal Luhadia D/o Shri Akash Luhadia, Aged About 21 Years, B-71, Jai Jawan-Iii, Opp. World Trade Park, Tonk Road, Jaipur (Raj. ). 12.
Jitendra Rajpurohit S/o Shri Khiv Singh Rajpurohit, Aged About 22 Years, 16-Hiran Magri, Sector-6, Near J. b. Hospital, Udaipur (Raj. ). 13. Riddhima Mewara D/o Shri Rajendra Mewara, Aged About 22 Years, Maru Darwaja Bahar, Amet, Rajasamand (Raj. ). 14. Ashok Kumar S/o Shri Pappu Lal Mali, Aged About 26 Years, Outside Bawani Pole, Jetawas, Pokaran (Raj. ). 15. Saahitya Yadav S/o Shri Naresh Kumar Yadav, Aged About 21 Years, 710-Near Water Supply Pump, Rajokari Village, South West Delhi. 16. Rishabh Sharma S/o Shri Sandeep Sharma, Aged About 22 Years, 279, Purani Civil Line, Ward No . 7, Baran (Raj. ). 17. Chetan Kumawat S/o Shri Moti Lal Kumawat, Aged About 24 Years, Plot No. 11, Rana Pratap Nagar, Jhotwara, [2025:RJ-JD:8907] (3 of 10) [CW-4626/2019] Jaipur (Raj. ). 18. Shreya Sharma D/o Shri Virendra Kumar Sharma, Aged About 24 Years, Flat No. 304, Prestige Residency, Takht - E-Sahi Road, Behind Reserve Bank, Kanota Bagh, Jawahar Nagar, Jaipur (Raj. ). ----Petitioners Versus 1.
Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 2. The Board Of Governors In Supersession Of Medical Council Of India, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110077 Through Its Secretary. 3. Geetanjali Medical College And Hospital, Geetanjali Medi City, Hiran Magri Extension, Udaipur, Rajasthan Through Its Principal. 4. Geetanjali University, Udaipur Nh-8, By-Pass, Eklingpura Choraha, Udaipur, Rajasthan Through Its Registrar. ----Respondents (3) S. B. Civil Writ Petition No. 4491/2019 1. Akshay Yadav S/o Shri Sitaram Yadav, Aged About 21 Years, Resident Manchal, Alwar (Raj. ). 2. Dhairya Modi S/o Shri Dilip Bhai Modi,, Aged About 21 Years, Resident B-4, Vishram Park, Part-21, Vasna, Ahmedabad (Guj. ). 3. Patel Honey Kanu Bhai S/o Shri Patel Kanu Bhai,, Aged About 22 Years, Resident 51-Kamal Duplex, Opp. Nil Sagar Tenament, Nava Naroda, Ahmedabad (Guj. ). 4. Apoorva Sharma D/o Shri P. r.
Sharma,, Aged About 22 Years, Resident C-104, Ratnam-1, Near Sangath Platinum, Motera, Ahmedabad (Guj. ) 5. Sejal Saklani D/o Shri Sandesh Saklani,, Aged About 21 Years, Resident Of Ww-39-Gf, Malibu Town, Sohna Road, Gurgaon, South City-Ii (Haryana). 6. Sanya Saran D/o Shri Rama Kishan Saran,, Aged About 21 Years, Resident Of H. No. 1016, First D- Road, Opposite Nehru Park, Sardarpura, Jodhpur (Raj. ) 7. Anmol R. Shah S/o Shri Rajesh Bhai Shah,, Aged About 21 Years, Resident Of A-56, Karmchari Nagar, Part-Ii, Near Surya Narayan Society, Ghatlodia, Ahmedabad (Guj. ). 8. Rohit K S/o Shri Karan Raj,, Aged About 23 Years, Resident Of 25- Muthukrishnan Street, Kondithope, Chennai. 9. Saloni Balan D/o Shri B. l. Saini,, Aged About 21 Years, Resident Of Saini Clinic, Op. S. k. School, Sikar (Raj. ). 10.
Patel Happy Girish Bhai S/o Shri Patel Girish Bhai, Shiva Bhai,, Aged About 21 Years, Resident Of A-18, Tejendra [2025:RJ-JD:8907] (4 of 10) [CW-4626/2019] Bunglows, Near Nirant Char Rasta, Vastral, Ahmedabad (Guj) 11. Aishwarya Bisaria S/o Dr. Sarvesh Bisaria,, Aged About 22 Years, Resident Of 151- Hiran Magri, Sector-3, Manwakhera, Udaipur (Raj. ). 12. Mayank Agarwal S/o Shri Mukesh Agarwal, Aged About 20 Years, 16-B, Jadon Nagar-B, Durgapura, Jaipur (Raj. ) 13. Kalpit Arya S/o Shri Ved Mitra Arya,, Aged About 21 Years, Resident Of 13- Shri Ramnagar, Jhamar Kotra Road, Hiran Magri, Sector-6, Udaipur (Raj. ). 14. Nitish Kumar S/o Shri Ashok Kumar,, Aged About 23 Years, Resident Of Krishna Colony, Narnol Road, Behror, Alwar (Raj. ) 15. Poorva Maheshwari D/o Dr. Lokesh Partani,, Aged About 21 Years, Resident Of 14- Nakoda Complex, Near Hansa Palace, Hiran Magri, Sector-4, Udaipur (Raj. ). 16. Harshit Mathur S/o Shri Abhinav Mathur,, Aged About 21 Years, Resident Of Duke House, Opp.
Patel House, New Sanaganer Road, Mansarovar, Jaipur (Raj. ) 17. Prem Patel S/o Shri Jhumar Ram,, Aged About 22 Years, Resident Of Patelo Ka Bas, Basni, Silawata, Boranada, Jodhpur (Raj. ). 18. K. Simi Singh D/o Shri K. Sahadev Singh,, Aged About 20 Years, Resident Of 74/244, Aashiyana, Sagwadi, Kalvibid, Bhavnagar (Guj. ) 19. Ishita Makker D/o Dr. Praveen Makker,, Aged About 21 Years, Resident Of 8-C-2, Jawahar Nagar, Shri Ganga Nagar (Raj. ). 20. Ankita D/o Shri Narendra Kumar,, Aged About 24 Years, Resident Of 2-E, Chhoti, Sri Ganaga Nagar (Raj. ) 21. Divvya Dave S/o Shri Satish Dave,, Aged About 22 Years, Resident Of 63-A, Guru Jambhesewar Nagar-B, Queens Road, Gandhi Path, Jaipur (Raj. ). 22. Himanshu Sankhla S/o Shri Mahendra Sankhla,, Aged About 22 Years, Resident Of Sankhla Clinic, Pokharna Ki Pole, Jetaran, Pali (Raj. ) 23.
Patel Pranshu S/o Shri Patel Pinkin Bhai,, Aged About 21 Years, Resident Of 55- Bhumi Puja Farm, Ganpati Mandir Road, Mahaveer Nagar, Himmat Nagar, District - Sabarkantha (Guj. ) 24. Soni Ayushi Ben D/o Shri Soni Prakash Bhai,, Aged About 22 Years, Resident Of Malivas, Harsholiyavas, Deesa, Banaskantha (Guj. ) 25. Shreyansh Sharma S/o Shri Rama Kant Sharma,, Aged About 21 Years, Resident Of 92-A, Marudhar Kesari Nagar, Link Road, Kishangarh, Ajmer (Raj. ) 26. Sakshi Singh D/o Shri Surendra Verma,, Aged About 22 Years, Resident Of Anand Bari, Galta Road, Suraj Pole [2025:RJ-JD:8907] (5 of 10) [CW-4626/2019] Gate, Jaipur (Raj. ) 27. Monika D/o Shri Rajendra Singh,, Aged About 22 Years, Resident Of Marigsar, Jhunjhunu (Raj. ) 28. Deepika D/o Shri Ram Babu Sharma,, Aged About 23 Years, Resident Of A-105, Bhagat Singh Colony, Bhiwadi, Ward No. 1, Harchandpur, Bhiwadi Indsutrial Area, Tijara, Alwar (Raj. ). 29.
Anjali Surti D/o Shri Deepak Bhai Surti,, Aged About 21 Years, Resident Of 24, Shreeji Society, Sewashram Road, Rajput Chhatralaya, Bharuch (Guj. ) 30. Nakul Rajvanshy S/o Shri Mukul Rajvanshy,, Aged About 22 Years, Resident Of 85, Gayatri Nagar, Ajmer Road, Beawar (Raj. ). 31. Ayush Dayal S/o Shri Bhupesh Dayal,, Aged About 23 Years, Resident Of Shati Shree Hospital Ki Gali, Opp. Government Hospital, Pachpahar, District Jhalawar (Raj. ) 32. Madhurima Bhati D/o Shri Mahesh Bhati,, Aged About 22 Years, Resident Of 17/398, Chopasni Housing Baord, Jodhpur (Raj. ). ----Petitioners Versus 1. The Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi. 2. The Board Of Governors In Supersession Of Medical Council Of India, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110077 Through Its Secretary. 3. Geetanjali Medical College And Hospital, Geetanjali Medi City, Hiran Magri Extension, Udaipur, Rajasthan Through Its Principal. 4.
Geetanjali University, Udaipur Nh-8, By-Pass, Eklingpura Choraha, Udaipur, Rajasthan Through Its Registrar. ----Respondents (4) S. B. Civil Writ Petition No. 4627/2019 1. Anuj S/o Shri Pyarelal, Aged About 22 Years, Resident Of Ward No. 5, Manaksar Chowk, Suratgarh, Ganganagar (Raj. ). 2. Mohammed Amaan S/o Shri Sirajuddin,, Aged About 22 Years, Resident Of 14-Kharol Colony, Near Tank Building, Udaipur (Raj. ). 3. Shreya Mittal D/o Shri Neeraj Kumar Mittal,, Aged About 22 Years, Resident Of 21-B, Purani Dhan Mandi, Ganganagar (Raj. ). 4. Shihora Kartavyakumr Yashodhar Chandra S/o Shri Shihora Yashodhar Chandra, Aged About 21 Years, Resident Of C-65 Abhinandan Swami Soc. , Memnagar, Ahmedabad Gujarat. 5. Prapti Gupta D/o Shri Vimal Gupta,, Aged About 22 Years, [2025:RJ-JD:8907] (6 of 10) [CW-4626/2019] Resident Flat No. 102, Mangalam Society, Road No. 4, Nearsamai Hotal, Adarsh Nagar Colony, Tingare Nagar, Pune. 6.
Dhwani Patel D/o Shri Vasant Kumar Patel,, Aged About 22 Years, Resident 31, New Kamlesh Society, Arbuda Nagar Road, Rajendra Park, Odhav Ahmedabad 7. Trivedi Ridham Manoj Bhai S/o Shri Manoj Vinodchandra Trivedi,, Aged About 21 Years, Resident 25, Nevavala Nagar Nr. Kiranpark Nava Vadaj, Ahemdabad City Naranpura, Ahemdabad Gujarat. 8. Karnavat Murtiben Prabhubhai D/o Shri Prabhubhai Jethabhai Karnavat,, Aged About 21 Years, Resident Pallanpur Koitupura, Palanpur Banaskahtha, Gujarat. 9. Aditi D/o Shri Krishan Kumar Gautam,, Aged About 22 Years, Resident C-27, Mbs Nagar Bhimganj Mandi, Kota Rajasthan. 10. Dimpal Ola D/o Shri Sultan Singh Ola,, Aged About 23 Years, Resident Of Sultan Singh, Bhanwar Singh, Patwari Ki Dhani, Kudli Skiar Rajasthan. 11. Neha Dhayal D/o Shri Prem Chand Dhayal,, Aged About 22 Years, Resident Dhayaleu Ki Dhani Ardawata, Chirawa, Jhunjhunu, Rajasthan. 12. Isha Upadhyay D/o Shri Dr. Sudhir Upadhyay,, Aged About 22 Years, Resident 8 Janakpuri Mala Road, Near St.
Paul School, Kota (Raj. ). 13. Supriya Sharma D/o Shri Surendra Kumar Sharma,, Aged About 21 Years, Resident Krishna Colony, Ward No. 33, Churu Bus Stand, Sikar, Fatehpur Shekhawati (Rajasthan). 14. Naman Yadav S/o Jitender Yadav,, Aged About 20 Years, H. no. 1635 Sec. 10-A, Gurgaon, Hariyana 15. Herma Rajdip Pravinbhai S/o Pravin Bhai,, Aged About 21 Years, Resident Shiv Shakti, Mandap Service, Naranka, Rajkot, Paddhari (Gujrat). 16. Patel Parakhben D/o Shri Patel Anil Bhai,, Aged About 21 Years, Resident 70/ Patelvas At, Badurpura, Badurpura, Koda, Sabar Kantha, Gujrat. 17. Ankita Prasad D/o Shri Radhe Shyam Prasad,, Aged About 23 Years, Resident C-3/75 Vishesh Khan Gomti Nagar, Lucknow. 18. Shivani Sharma D/o Shri Dr. Rajesh Sharma,, Aged About 22 Years, Resident Shree Pradhan Clinic, Near Jayanti Market, Bawari Gate, Ward No. 16, Fatehpura Shekhawati (Raj. ). 19.
Shivank Bora S/o Shri Sunil Kumar Bora,, Aged About 23 Years, Resident 605, River View Apartment, Subjash Nagar, Udaipur (Raj. ). 20. Krishan Yadav S/o Shri Leelu Ram Yadav,, Aged About 23 [2025:RJ-JD:8907] (7 of 10) [CW-4626/2019] Years, Resident Of Kherki Daula, Gurgaon, Haryana. 21. Gahlot Sanjay Kumar S/o Shri Hitendra Bhai, Aged About 20 Years, Resident Jodhpuriya Dhani, Malgadh Banas Kantha, Gujrat. 22. Hitesh Prajapat S/o Shri Jathu Lal Prajapat,, Aged About 23 Years, Resident Of House No. G-6, New Prajapat Colony, Jodhpur (Raj. ). 23. Sarthak Porwal S/o Shri Hemant Porwal,, Aged About 21 Years, Resident Of 467, Bhupal Pura, Udaipur (Raj. ). ----Petitioners Versus 1. The Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Dlehi 2. The Board Of Governors In Supersession Of Medical Council Of India, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110077 Through Its Secretary. 3.
Geetanjali Medical College And Hospital, Geetanjali Medi City, Hiran Magri Extension, Rajasthan Through Its Principal. 4. Geetanjali University, Udaipur Nh-8, By-Pass, Eklingpura Choraha, Udaipur, Rajasthan Through Its Registrar. ----Respondents (5) S. B. Civil Writ Petition No. 4682/2019 1. Mahesh Kumar Gurjar S/o Shri Ramswaroop Gurjar, Aged About 21 Years, Resident Of Post- Patheri Dhani, Tickuta Tehsil Kotputli, Jaipur. 2. Salvi Patel D/o Vikram Bhai Patel,, Aged About 21 Years, Resident Of 9 Sun Residency, Thaltej, Ahmedabad. 3. Vivek Kumar S/o Shri Shyam Narayan,, Aged About 28 Years, Resident Of Village- Sorav, Post- Meja Road, Allahabad. 4. Mukesh Singh S/o Shri Murari Lal,, Aged About 25 Years, Resident Of Raipur, Suket, Bharatpur (Raj. ) 5. Patel Sagar Vasant Kumar S/o Shri Patel Vasant Kumar,, Aged About 21 Years, Resident Of Dhanera, Banaskantha, Gujrat. 6.
Ravani Kunal Shankerbhai S/o Shri Parmar Shankerbhai,, Aged About 22 Years, Resident Of 32-33, Green Park Society, Highway Tharad, Banaskantha (Guj). ----Petitioners Versus 1. The Union Of India, Through Its Secretary, Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi 2. The Board Of Governors In Supersession Of Medical Council Of India, Pocket-14, Sector-8, Dwarka Phase-I, New Delhi-110077 Through Its Secretary. [2025:RJ-JD:8907] (8 of 10) [CW-4626/2019] 3. Geetanjali Medical College And Hospital, Geetanjali Medi City, Hiran Magri Extension, Udaipur, Rajasthan Through Its Principal. 4. Geetanjali University, Udaipur Nh-8, By-Pass, Eklingpura Choraha, Udaipur, Rajasthan Through Its Registrar. ----Respondents For Petitioner(s) : Mr. Akhilesh Rajpurohit For Respondent(s) : Mr. Uttam Singh Rajpurohit for Mr. Mukesh Rajpurohit, Dy. S. G. JUSTICE DINESH MEHTA Order 13/02/2025 1. Mr.
Akhilesh Rajpurohit, learned counsel for the petitioners submitted that the petitioners involved in the present batch of writ petitions were given admissions by respondent No. 3 - Geetanjali Medical College and Hospital on the basis of the marks secured by them in the Common Entrance Test (CET) which were held by different states at the relevant time. 2. Learned counsel submitted that petitioners’ admissions were recalled/canceled in terms of the Minutes of the Meeting dated 18. 09. 2015 by the Admission Regulatory Committee, whereby the respondent – Council has rejected the admissions of 89 candidates pursuing their studies respondent with respondent No. 3 in a single stroke of a pen, simply by observing that they had got admission on the basis of merit of the examination other than that of the private colleges i. e. through PCPMT/PMT. 3. Learned counsel argued that the reply which the respondent No.
3 had filed and the documents which were produced before the [2025:RJ-JD:8907] (9 of 10) [CW-4626/2019] respondent - Council have not been considered by the respondent No. 2 - Council. 4. Mr. Rajpurohit, learned counsel for the petitioners submitted that the petitioners have not only completed their course, but have also been awarded degrees and have received their registration. 5. Mr. Uttam Singh Rajpurohit, associate to Mr. Mukesh Rajpurohit, learned Deputy Solicitor General appearing for the respondent-Union of India prays for two weeks’ time to file reply. 6. It is to be noted that the petitioners were given admissions in the year 2015 while their admissions were canceled in the year 2019-after completion of three years’ course. And by virtue of interim order(s) passed by co-ordinate Bench of this Court in the instant writ petitions, the orders impugned have been stayed and the petitioners have continued rather completed their studies/courses. 7.
No reply has been filed so far and the petitioners have completed their courses. The dispute appears to be a bonafide and there is no allegation of misrepresentation. Hence, even if the respondents have some plausible arguments to put forth, it would be iniquitous to dismiss the writ petitions filed by the petitioners at such a belated stage. 8. Hence, interim order(s) passed by this Court in all these cases are made absolute. The petitioners’ admissions so also their completion of course are regularized. 9. The present writ petitions stand disposed of, accordingly. [2025:RJ-JD:8907] (10 of 10) [CW-4626/2019] 10. The stay applications stand disposed of. (DINESH MEHTA),J 33-37-akansha/-
Source: High Court of Rajasthan. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.