Allahabad High Court
Dushyant Kumar vs Union Of India And 2 Others on 13 December, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:235960-DB
Court No. - 40
Case :- WRIT - C No. - 36612 of 2023
Petitioner :- Dushyant Kumar
Respondent :- Union Of India And 2 Others
Counsel for Petitioner :- Sushil Kumar Pandey
Counsel for Respondent :- A.S.G.I.,Ayank Mishra,Hridai Narain Pandey,Rajesh Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Shri Sushil Kumar Pandey, learned counsel for the petitioner; Shri Ayank Mishra, learned counsel appearing for respondent no. 2; Shri Hridai Narain Pandey, learned counsel appearing for respondent no. 3 and Shri Rajesh Tripathi, learned counsel appearing for Union of India.
2. The petitioner has approached this Court for a direction to respondents to consider the claim of petitioner for his admission in Government Medical College under the category of Other Backward Class (OBC) and sub-category Ex-serviceman, as he secured 604 NEET marks, which is higher than the candidate last selected under the aforesaid category, who was having 603 NEET marks.
3. It is contended that the petitioner applied for online examination of National Eligibility Cum Entrance Test (NEET) (UG)-2023. In the said examination, the petitioner (Roll No.4406020280 had obtained all India rank 26588 and NEET Score 604. Thereafter, the petitioner applied for registration in first counselling for Government Medical Colleges but he was not called upon in the first counselling. When he came to know that one Neha Singh, who has secured 603 NEET marks under the same category of OBC, Ex-Serviceman, has been called upon in the first round of counselling, he enquired as to why he has not been called upon in the first counselling though he has secured 604 marks under the said category. It was then informed that he had not ticked the column 'OBC, Ex-Serviceman' in the form. To remove the aforesaid defect, the petitioner applied for second round of counselling under the category of OBC, Ex-Serviceman for Government Medical College but this time also one Lucky Chaturvedi, who was in Unreserved, Ex-Serviceman category having 603 NEET marks has been selected. It is alleged that inspite of having higher marks, the petitioner has not been selected due to minor mistake. In this regard, he has made several representations but no action has been taken.
4. In response to our previous order, Shri Ayank Mishra, learned counsel for respondent no.2-Director General of Medical Education & Training, Lucknow has produced the detailed instructions dated 20.10.2023, which is taken on record. On the basis of instructions, he has submitted that at the time of first counselling, the petitioner has registered himself in 'BCOP' category. The petitioner has admitted that while filling up the form, due to ignorance, he could not tick in the Category OBC Sub-Category Ex-serviceman (BCEX). Due to this mistake, eventually he could not succeed to get admission in BCEX category. He has also placed reliance on 'important information', which is given in the Score Card of the petitioner in the National Eligibility Cum Entrance Test (UG)-2023, which specifically provides in para 8 that NTA will not change any details of the candidates after declaration of result. Learned counsel for the respondents have submitted that the issue is no more res integra. The nature and status of the candidate, who was applying for the selection could only be treated alike and once a candidate has chosen to opt for the category to which he is entitled, he cannot later change the status and make fresh claim. Reliance has been placed on the judgments of Hon'ble the Apex Court in J. and K. Public Service Commission v. Israr Ahmad & Ors., (2005) 12 SCC 498 as well as Rajasthan High Court, Jodhpur & Ors. v. Neetu Harsh & Ors., AIR 2019 SC 4038.
5. We have proceeded to examine the record in question as well as respectfully considered the judgments cited at Bar. The petitioner applied for online examination of NEET (UG)-2023. In the said examination, he had obtained all India rank 26588 and NEET Score 604. Admittedly, at the time of first counselling, the petitioner has registered himself in 'BCOP' category and he could not tick in the BCEX category. Accordingly, he could not succeed to get admission in BCEX category. To remove the aforesaid defect, the petitioner applied for second round of counselling under the category of OBC, Ex-Serviceman (BCEX) for Government Medical College but eventually he could not succeed. The sole ground for rejection of the claim of the petitioner was that he had not ticked the column 'OBC, Ex-Serviceman' in the form. Considering the facts and circumstances as well as respectfully considering the judgments cited at Bar, we are of the considered opinion that the nature and status of the candidate, who was applying for the selection could only be treated alike and once a candidate has chosen to opt for the category to which he is entitled, he cannot later change the status and make fresh claim. Moreover, in the said examination it was clearly informed to all the candidates that NTA will not change any details of the candidates after declaration of result. It is true that the mistake on the petitioner's part of not mentioning his category correctly may be inadvertent but the terms and conditions in the form do not permit the petitioner to reform the same lateron. Once the selection process has gone ahead, a selectee in that category, whose result has been declared or on way, would be disturbed because of the present claim of the petitioner. This kind of a later reform of the petitioner's candidature entitling him to seek selection under a specific category cannot be permitted by us.
6. In the aforesaid circumstances, we are not inclined to interfere in the matter. The writ petition sans merit and is accordingly dismissed.
Order Date :- 13.12.2023
Rama Kant
