Madras High Court
Minor I Shafrin Fathima vs 5 The Selection Committee on 17 October, 2022
W.P.No.26129 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.26129 of 2022
and W.M.P.No.25208 of 2022
Minor I Shafrin Fathima
Rep.by her Father A.Ismail
No.10, East Street
Via.Achanpudur Post
Tirunelveli District 627 803. …. Petitioner
-Vs-
1 The Government of India
Rep. by its Secretary Department of Health
and Family Welfare Ministry of Health and
Family Welfare Room No.348 A Wing Nirman
Bhavan New Delhi
2 The Medical Counselling Committee
(MCC) Rep. by its Chairman DGHS.
Ministry of Health and Family Welfare
Government of India Room No.348 A Wing
Nirman Bhavan New Delhi-
3 The Associates Dean for Graduate Medical
Education (ADGME) Directorate
General of Health Services 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.
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W.P.No.26129 of 2022
5 The Selection Committee
Directorate of medical Education Kilpauk
Chennai-600 010. …. Respondents
Prayer : Writ Petition 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 General (UR) to OBC (Other
Backward Class) in her Application No.220410189142 and her Roll Number is
4113020917 for the NEET (UG)-2022 for UG Counselling for MBBS / BDS and
Nursing-2022.
For Petitioner : Mr.K.Selvaraj
For Respondents : Ms.V.Sudha
Standing Counsel – for RR 1 to 3
Ms.Shubharanjani Ananth
Standing Counsel – for R4
Ms.M.Sneha, Standing Counsel – for R5
ORDER
The prayer sought for herein is for a Writ of Mandamus directing the
respondents to forthwith change the category of the petitioner from General
(UR) to OBC (Other Backward Class) in her Application No.220410189142 and
her Roll Number is 4113020917 for the NEET (UG)-2022 for UG Counselling for
MBBS / BDS and Nursing-2022.
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W.P.No.26129 of 2022
2. The petitioner has passed Higher Secondary Course examination during
May 2022 and the petitioner, in order to undergo the medical course, has
submitted an on-line application to write the NEET UG-2022 examination. Her
Application No.is 220410189142 and her Roll No. is 4113020917. She belongs to
OBC community and the competent authority viz., Tahsildar, Kadayanallur has
also given a certificate that the petitioner belongs to OBC and she was issued
OBC certificate dated 31.05.2022.
3. When that being so, the petitioner at the time of making the on-line
application, since it has been done through an E-Seva Kendra, the data entry
operator instead of mentioning the community to which the petitioner belongs as
OBC, has chosen as General ie Unreserved (UR) category.
4. Only after the examinations were over and results were published, after
verifying the marks obtained the petitioner noticed that she was considered as
General (UR) category. Then only she realized the mistake committed through
the data entry operator while making the on-line application. Therefore, in order
to change the community of the petitioner from 'General (UR)' to 'OBC' the
petitioner has given a representation to the respondents on 07.09.2022.
However, so far the same has not been considered and no change of community
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W.P.No.26129 of 2022
has been permitted, the petitioner has approached this Court by filing the
present writ petition.
5. Heard Mr.K.Selvaraj, learned counsel for the petitioner, who would
submit that this kind of mistake has occurred at the time of filling the on-line
application by the data entry operator as the student would not be permitted to
enter the data and only the data entry operator employed in the E-Seva Kendra
would be able to enter the data. Therefore, in order to rectify this mistake when
similarly placed persons like the petitioner had approached this Court, this Court
had shown its indulgence in number of cases.
6. In this context, the learned counsel for the petitioner has relied upon
the following judgments.
6.1. In W.P.No.6078 of 2022 dated 16.03.2022 (K.Sanjeev Ganesh -vs-
The Government of India and others), this Court has given the following
directions.
“ 6. There is thus a direction to R3, represented by
Mr.Subbu Ranga Bharthi, learned Standing Counsel to
consider the request of the petitioner, made on 14.03.2022
via e~mail, verify the community certificate that is stated to
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W.P.No.26129 of 2022
be enclosed with the aforesaid representation and if the
same is in order, carry out the change in category of the
petitioner from UR to OBC, within a period of one week from
today.
7. This writ petition is disposed in the above terms.
Consequently, connected miscellaneous petition is closed. No
costs.”
6.2. In W.P.No.7108 of 2022 dated 24.03.2022 (D.Deepika Shree -vs-
The Government of India and Others), a learned Judge of this Court has
given the following directions.
“ 6.Hence, there is a direction to R2 to permit the petitioner
to participate in the mop-up and stray vacancy rounds for
Counselling for MBBS/BDS and Nursing for 2021 as and when
they take place and consider her candidature in the category of
OBC.
7.This writ petition is disposed, as above. No costs.
Consequently, connected miscellaneous petition is closed.”
6.3. Likewise, in another case in W.P.No.19405 of 2022 dated 27.07.2022
(L.Anjana -Vs- The Government of India and others), this Court has
passed the following orders.
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W.P.No.26129 of 2022
“ 5. The petitioner claims that by inadvertence, in her
on-line application, she has mentioned her Community as
General (UR) instead of Other Backward classes (OBC). She
has written the NEET examination for the Post Graduate
Medical courses. The counselling is scheduled to take place
on 01.08.2022. According to the petitioner, due to the
inadvertent mistake committed by her, in her on-line
application, she is now considered under the General (UR)
category instead of Other Backward Classes(OBC). In such
circumstances, she has given a representation to the
respondents on 05.06.2022 requesting the 3rd respondent to
consider her application under the OBC category.
6. The learned counsel for the petitioner also drew the
attention of this Court that in similar matters, a direction had
been issued by this Court to the 3rd respondent to consider
the request of the applicants after verification of the
Community Certificates enclosed by them along with the
representations.
7. The petitioner has also enclosed her Community
Certificate dated 24.11.2019 along with his writ petition,
which discloses that she belongs to Other Backward Classes
(OBC) category. A copy of the on-line application has also
been filed along with this writ petition, wherein, she has
mentioned inadvertently the category as General, instead of
Other Backward Classes.
8. No prejudice would be caused to the respondents, if
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W.P.No.26129 of 2022
the petitioner-s representation referred to supra is considered
on merits and in accordance with law by the respondents,
within a time frame to be fixed by this Court.
9. For the foregoing reasons, this Court directs the 3rd
respondent to consider the request of the petitioner-s
representation dated 05.06.2022 after verifying the
Community Certificate that is stated to be enclosed with the
aforesaid representation and if the same is in order, carry out
the change in category of the petitioner from UR to OBC,
within a period of one week from the date of receipt of a
copy of this order.”
7. Pursuant to the above orders passed by this Court, the authority
concerned viz., the third respondent ie., the Directorate General of Health
Services, Government of India, having changed the community from 'General
(UR)' to OBC, had also informed the same to the respective students /
applicants. One such order dated 19.01.2022 reads thus,
“ This letter is in reference to the subject matter mentioned
above; the undersigned office hereby informs you that the
category of petitioners in the aforementioned matter have
been converted their category from UG Counselling 2021
conducted by MCC, DGHS.
● W.P.No.24794 of 2021 order dated 18.11.2021 : UR-EWS
to OBC
● W.P.27127 of 2021 order dated 17.12.2021 : UR to OBC”
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W.P.No.26129 of 2022
However, in order to participate in State Counselling with the
changed category the candates are advised to approach their
respective State DME, MCC. DGHS does not take responsibility
for category conversion for State Counselling.”
8. Similar orders have been passed in number of cases.
9. However, Ms.V.Sudha learned Standing Counsel appearing for
respondents 1 to 3 on instructions and on the basis of the counter affidavit filed
by them would submit that, insofar as the change of community from General
to OBC is concerned, it is not a matter of course and this kind of mistakes if at
all to be corrected, could have been corrected at the earliest, and after the
examinations are over and after the results are published, it cannot be changed.
Moreover, the learned Standing Counsel would submit that the information was
furnished by the examination conducting body viz. National Testing Agency
(NTA) who has to be approached and only NTA has to make those corrections
and then only it would be communicated by the third respondent.
10. In this context, the learned Standing Counsel has relied upon a
decision of the Delhi High Court made in W.P(C) No.13210 of 2022 in
“Pallem Vennela -vs- Union of India and Others” etc., batch. By relying
upon the same, the learned Standing Counsel would further submit that unless
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W.P.No.26129 of 2022
and until the NTA is directed by this Court to rectify it and communicate to the
third respondent, the third respondent cannot act upon and pass any orders on
the request of the petitioner dated 07.09.2022, she contended.
11. I have considered the submissions made by the learned counsel for
both sides and have perused the materials placed on record.
12. It is a fact that the petitioner belongs to OBC community and the
competent authority viz., the Revenue Department has issued the community
certificate. At the time of making the on-line application for NEET UG-2022
examination, this mistake has occurred and only recently this has been realized
after the results were published by verifying the ranking given to the petitioner.
This kind of mistakes are being committed by the petitioner and other such
students and number of such students have already approached this Court and
a series of orders have been passed as stated supra, where directions were
given to the Directorate General of Health Services / third respondent to make
rectification and accordingly communicate the same to the respective students.
These orders having been accepted by the third respondents, were complied
also and the materials have been placed before this Court for perusal.
13. On a perusal of the same, this Court feels that, whether the NTA has
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W.P.No.26129 of 2022
to communicate or any other internal agency has to communicate, it is an
internal communication between the third respondent and other agencies like
NTA and therefore, in this context since earlier orders have been passed by this
Court in number of cases, where directions were issued only to the third
respondent ie., Directorate General of Health Services to act upon and that has
been acted upon as evident from the orders passed by the third respondent as
quoted herein above, this Court has no hesitation to hold that in this case also a
direction can be given to the third respondent only to act upon and thereafter
communicate to the petitioner the change in community at the earliest.
14. In that view of the matter, this Court is inclined to dispose of this writ
petition with the following order.
● That there shall be a direction to the third respondent to
consider the application submitted by the petitioner dated
07.09.2022 in the light of the discussion herein above made
and accordingly after changing the community of the
petitioner from 'General' to 'OBC', communicate the same to
the petitioner.
● The needful as indicated above shall be undertaken by the
third respondent within a period of two weeks from the date
of receipt of a copy of this order.
● It is made clear that, in this regard if any internal verification
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W.P.No.26129 of 2022
or communication has to be obtained or verified by the third
respondent with any other agency like NTA that also can be
undertaken by the third respondent and needful shall be
complied with and communicated within the period indicated
as above.
15. With the above directions, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
17.10.2022
Index : Yes/No
Internet : Yes/No
KST
Note : Issue order copy tomorrow (18.10.2022)
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W.P.No.26129 of 2022
To
1 The Government of India
Rep. by its Secretary Department of Health
and Family Welfare Ministry of Health and
Family Welfare Room No.348 A Wing Nirman
Bhavan New Delhi
2 The Medical Counselling Committee
(MCC) Rep. by its Chairman DGHS.
Ministry of Health and Family Welfare
Government of India Room No.348 A Wing
Nirman Bhavan New Delhi-
3 The Associates Dean for Graduate Medical
Education (ADGME) Directorate
General of Health Services 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.26129 of 2022
R. SURESH KUMAR, J.
KST
W.P.No. 26129 of 2022
17.10.2022
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