Madras High Court
Sethu Arumugam Rm vs 4 The National Medical Commission on 20 October, 2022
W.P.No.29435 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.29435 of 2022
and W.M.P.No.28770 of 2022
Sethu Arumugam RM
S/o Ramanathan, No.33, Raja Nagar
1st Main Road, Neelankarai, Injambakkam
Kancheepuram 600 115. …. 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 D.G.H.S
Ministry of Health and Family Welfare
Government of India Room No.348 A Wing
Nirman Bhavan New Delh
3 The Associate Dean of 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. ... Respondents
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W.P.No.29435 of 2022
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 his Application No. 2266138175 and his Roll Number is PG017438 for
the NEET(PG)-2022 for PG Counselling.
For Petitioner : Mr.K.Selvaraj
For Respondents : Mr.G.Baskaran, Central Government
Standing Counsel – for R1 to R3
Ms.Shubharanjani Ananth
Standing Counsel – for R4
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 his Application No. 2266138175 and his Roll
Number is PG017438 for the NEET(PG)-2022 for PG Counselling.
2. The petitioner's Application No. is 2266138175 and Roll No. is
PG017438. He belongs to OBC community and the competent authority viz.,
Tahsildar, Sholinganallur has also given a certificate that the petitioner belongs to
OBC and he was issued OBC certificate dated 02.11.2022.
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W.P.No.29435 of 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 he was considered as
General (UR) category. Then only he 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 representations to the respondents on 05.06.2022 and
10.09.2022. However, so far the same has not been considered and no change
of community 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
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W.P.No.29435 of 2022
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
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
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W.P.No.29435 of 2022
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.
“ 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.
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W.P.No.29435 of 2022
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
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.”
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W.P.No.29435 of 2022
7. I have considered the submissions made by the learned counsel for
both sides and have perused the materials placed on record.
8. 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 PG-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 to make rectification and
accordingly communicate the same to the respective students. These orders
having been accepted by the DGHS, were complied also.
9. Therefore, this Court feels that, in this context since earlier orders have
been passed by this Court in number of cases, where directions were issued only
to the Directorate General of Health Services to act upon, this Court has no
hesitation to hold that in this case also a direction can be given to the DGHS /
3rd respondent to act upon and thereafter communicate to the petitioner the
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W.P.No.29435 of 2022
change in community at the earliest.
10. 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 respondents, especially
3rd respondent to consider the representations submitted by
the petitioner dated 05.06.2022 and 10.09.2022 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 said
respondents 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
or communication has to be obtained or verified by the 3rd
respondent with any other agency like NTA that also can be
undertaken by them and needful shall be complied with and
communicated within the period indicated as above.
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W.P.No.29435 of 2022
11. With the above directions, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
07.11.2022
Index : Yes/No
Internet : Yes/No
KST
Note : Issue order tomorrow (08.11.2022)
To
1 The Secretary to Government, Department of Health
and Family Welfare Ministry of Health and
Family Welfare Room No. 348 A Wing Nirman
Bhavan New Delhi
2 The Chairman, Medical Counselling Committee
(MCC) D.G.H.S, Ministry of Health and Family Welfare
Government of India Room No.348 A Wing
Nirman Bhavan New Delhi.
3 The Associate Dean of 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.29435 of 2022
R. SURESH KUMAR, J.
KST
W.P.No. 29435 of 2022
07.11.2022
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