Madras High Court
R. Rithika vs The Government Of India on 17 December, 2021
W.P.No.27127 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.27127 of 2021
and
W.M.P.No.28601 of 2021
R. Rithika ... Petitioner
vs.
1. The Government of India,
rep. By its Secretary,
Department of Health and Family Welfare,
Ministry of Health & Family Welfare,
Room No.348, 'A' Wing,
Nirman Bhavan,
New Delhi – 110 011.
2. National Testing Agency
(Government Agency),
IITK Outreach Centre, C.20,
1A/8, ''C'' Block, Phase – 2,
Industrial Area, Sector 62,
Noida, Uttar Pradesh.
3. The Associate Dean for Graduate
Medical Education (ADGME),
NEET 2021 - 3rd Floor,
Nirman Bhavan,
New Delhi – 110 001.
Page No.1 of 7
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W.P.No.27127 of 2021
4. The National Medical Commission,
rep. By its Chairperson,
Sector 8, Pocket 14, Phase-I,
Dwarka, New Delhi – 110 077.
5. The Selection Committee,
Directorate of Medical Education,
Kilpauk,
Chennai 600 010. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the Respondents to
forthwith change the category of the Petitioner from “Unreserved” to OBC
(Other Backward classes) in her Application No.210410335570 and
consequently direct the Respondents to issue necessary Certificate according
to the Eligibility category of the Petitioner.
For Petitioner : Mr.K.Selvaraj
For Respondents 1 & 3 : Ms. M.E. Saraswathy,
Senior Panel Counsel
For 2nd Respondent : Ms.Sunita Kumari
For 4th Respondent : Ms.Shivaranjani
For 5th Respondent : Mr.U.Baranidharan,
Addl. Government Pleader
ORDER
Petitioner has come up with this Writ Petition seeking a direction to
the Respondents to forthwith change her category from “Unreserved” to OBC
in her Application No.210410335570 and for a consequential direction to the
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W.P.No.27127 of 2021
Respondents to issue the Certificate according to her Eligibility category.
2. According to the Petitioner, she belongs to Reddy kanjam
Community and the competent Authority has also issued Backward Class
Community Certificate to her in Certificate No.127/2012. She passed Higher
Secondary Course Examination in May 2021. On 13.08.2021, she submitted
her Online Application to write NEET (UG) 2021 – Entrance Test and she
also wrote the NEET Examination. On 01.11.2021, NEET results were
published and the Petitioner obtained the Score Card, wherein, her category
was shown as “UR” (General) instead of “OBC” at which time, the petitioner
came to know that the mistake was on the part of the browsing centre through
whom she submitted her online application for the aforesaid examination. On
15.11.2021, she submitted a representation to the Respondents requesting to
rectify the mistake. As there is no response from the Respondents till date,
having no other alternative, the Petitioner has come up with the above Writ
Petition.
3. Learned counsel for the Petitioner submitted that, when a similar
issue came up for consideration in W.P.Nos.29834 and 22204 of 2018, this
Court allowed the said Writ Petitions, by allowing similarly situated
candidates to change their category from “UR” to “OBC”. However, a batch
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W.P.No.27127 of 2021
of Writ Petitions for the same relief in respect of MBBS/BDS Course was
dismissed by this Court in W.P.No.16679 of 2020, etc. batch on 30.11.2020.
Two Writ Petitioners in the said batch filed Writ Appeal Nos.1109 and 1110
of 2020 and a Division Bench of this Court, by a judgment dated 11.12.2020,
passed the following order:
“5. Subject to the aforesaid, we direct the
concerned Respondents/Authorities to give an
opportunity to the present Writ Appellants A.Adarsh
and V.S.Gayathri also to participate in the mop-up
counselling procedure which is said commencing
from Monday 14.12.2020 and allot them
Seat/Admission in the Colleges by permitting them to
change their category from 'Unreserved” to “OBC”.
4. Learned counsel appearing for the Respondents has no objection
to the submissions made by the learned counsel for the Petitioner.
5. As a similar issue came up for consideration before the Division
Bench of this Court and the Court allowed similarly situated candidates to
change their category from ''Unreserved'' to “OBC”, this Court directs the
Respondents herein to permit the Petitioner to participate in the mop-up
counselling said to commence in the future and allot her a seat in the
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W.P.No.27127 of 2021
Colleges by permitting her to change her category from 'Unreserved” to
“OBC”.
The Writ Petition is disposed of accordingly. No costs.
Consequently, connected W.M.P.No.28601 of 2021 is closed.
17.12.2021
Index : Yes/No
Speaking Order : Yes/No
NHS
To:
1. The Secretary,
Government of India,
Department of Health and Family Welfare,
Ministry of Health & Family Welfare,
Room No.348, 'A' Wing,
Nirman Bhavan, New Delhi – 110 011.
2. National Testing Agency
(Government Agency),
IITK Outreach Centre, C.20,
1A/8, ''C'' Block, Phase – 2,
Industrial Area, Sector 62,
Noida, Uttar Pradesh.
3. The Associate Dean for Graduate
Medical Education (ADGME),
NEET 2021 - 3rd Floor,
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W.P.No.27127 of 2021
Nirman Bhavan,
New Delhi – 110 001.
4. The National Medical Commission,
rep. By its Chairperson,
Sector 8, Pocket 14, Phase-I,
Dwarka, New Delhi – 110 077.
5. The Selection Committee,
Directorate of Medical Education,
Kilpauk,
Chennai 600 010.
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W.P.No.27127 of 2021
M.DHANDAPANI,J.
NHS
W.P.No.27127 of 2021
and
W.M.P.No.28601 of 2021
17.12.2021
https://www.mhc.tn.gov.in/judis
