Madras High Court
V.A.Varun Prakash vs The Secretary on 26 April, 2023
W.P.No.12760 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.12760 of 2023
V.A.Varun Prakash ... Petitioner
Vs.
1. The Secretary,
Union of India,
Ministry of Education,
New Delhi – 110 001.
2. The Secretary,
Union of India,
Ministry of Health and Family Welfare,
New Delhi – 110 001.
3. The Senior Director,
NEET (UG),
National Testing Agency,
C-20 1A/8, Sector 62, IITK Outreach Centre,
NOIDA – 201 309.
4. The Chairman,
National Medical Commission,
Pocket-14, Sector-8, Dwaraka Phase-1,
New Delhi-110 077, India.
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W.P.No.12760 of 2023
5. 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 – 110 011.
6. Selection Committee,
Rep. by its Chairman,
Directorate of Medical Education,
163, Periyar E.V.R.High Road,
Kilpauk, Chennai – 600 010.
7. The Director of Medical Education,
Director General of Health Services,
156, Poonamallee High Road,
New Boopathy Nagar, Chetpet,
Chennai – 600 031.
8. National Board of Examinations,
H698+9FC, Medical Enclave,
Ansari Nagar, Mahatma Gandhi Marg,
Ring Road, New Delhi,
Delhi 110 029. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents to pass
appropriate orders for the rectification of the category from GENERAL TO
OBC IN THE NEET (PG) 2023 Score card of VARUN PRAKASH V.A.
With APPLICATION No.PG 23017871 and ROLL No.23661146448.
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W.P.No.12760 of 2023
For Petitioner : Mr.A.Syed Kaleesha
For Respondents : Mr.D.Simon
Central Govt. Standing Counsel-R1
and R2
M/s.Shubharanjani Ananth
Standing Counsel for R4
Ms.M.Sneha
Standing Counsel for R6
ORDER
The prayer sought for herein is for a Writ of Mandamus to direct
respondents to pass appropriate orders for the rectification of the category
from GENERAL TO OBC IN THE NEET (PG) 2023 Score card of VARUN
PRAKASH V.A. With APPLICATION No.PG 23017871 and ROLL
No.23661146448.
2. The petitioner written the NEET (P.G.) - 2023 examination
conducted by the first respondent.
3. However, at the time of making the application through online
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W.P.No.12760 of 2023
for NEET (PG) 2023, instead of entering the community of the petitioner as
OBC, it was wrongly entered as General Category, due to which the
petitioner could not get through NEET examination. Seeking rectification of
the category from GENERAL to OBC in NEET (PG) 2023, the petitioner
has made a representation dated 11.04.2023 before the respondents, which
evoked no response. Hence the above Writ Petition.
4. The issue raised in this Writ Petition is no more res integra as
in number of cases, these kind of change of community has been entertained
and orders were passed by this Court, pursuant to which, the Directorate
General of Health Services has already passed several orders to change the
community and the following orders are to be noted:
''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
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W.P.No.12760 of 2023
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 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
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W.P.No.12760 of 2023
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 the petitioner~s representation referred to
supra is considered on merits and in accordance with law
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W.P.No.12760 of 2023
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. 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 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 to make rectification and accordingly communicate
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W.P.No.12760 of 2023
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 / respondents 2 and 3 to act upon and thereafter
communicate to the petitioner the change in community at the
earliest.''
5. In view of the issue having been settled already and the present
case falls squarely within the four corners of the said decision, this Court is
inclined to extend the same benefit to this petitioner also with the following
directions:
(i) That there shall be a direction to the
respondents to consider the representation submitted by the
petitioner dated 11.04.2023 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.
(ii) The needful as indicated above shall be
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W.P.No.12760 of 2023
undertaken by the respondents within a period of two weeks
from the date of receipt of a copy of this order.
(iii) It is made clear that, in this regard if any
internal verification or communication has to be obtained or
verified by the respondents 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.
6. Accordingly, this Writ Petition is disposed of. No costs.
26.04.2023
NCC: Yes / No
Index : Yes / No
Speaking Order : Yes / No
(rap)
To
1. The Secretary,
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W.P.No.12760 of 2023
Union of India,
Ministry of Education,
New Delhi – 110 001.
2. The Secretary,
Union of India,
Ministry of Health and Family Welfare,
New Delhi – 110 001.
3. The Senior Director,
NEET (UG),
National Testing Agency,
C-20 1A/8, Sector 62, IITK Outreach Centre,
NOIDA – 201 309.
4. The Chairman,
National Medical Commission,
Pocket-14, Sector-8, Dwaraka Phase-1,
New Delhi-110 077, India.
5. Chairman DGHS,
The Medical Counselling Committee,
Ministry of Health and Family Welfare,
Government of India Room No.348 A Wing,
Nirman Bhavan, New Delhi – 110 011.
6. The Chairman,
Selection Committee,
Directorate of Medical Education,
163, Periyar E.V.R.High Road,
Kilpauk, Chennai – 600 010.
7. The Director of Medical Education,
Director General of Health Services,
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W.P.No.12760 of 2023
156, Poonamallee High Road,
New Boopathy Nagar, Chetpet,
Chennai – 600 031.
8. National Board of Examinations,
H698+9FC, Medical Enclave,
Ansari Nagar, Mahatma Gandhi Marg,
Ring Road, New Delhi,
Delhi 110 029.
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W.P.No.12760 of 2023
M.DHANDAPANI,J.
rap
W.P.No.12760 of 2023
26.04.2023
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