Madras High Court
Minor Mary Staphania.A vs The Government Of India on 21 June, 2023
W.P.No.18428 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2023
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.18428 of 2023
and
W.M.P.No.17645 of 2023
Minor Mary Staphania.A
Rep. by her father and Natural Guardian,
D.Ashok,
No.3/184-1, Kanyakulam,
Agastheeswaram Taluk,
Kanniyakumari District. ... 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. The Medical Counselling Committee (MCC),
Rep. by its Chairman, D.G.H.S.,
Ministry of Health & Family Welfare,
Government of India,
Room No.348, 'A' Wing, Nirman Bhavan,
New Delhi – 110 011.
3. The Associate Dean for Graduate
Medical Education (ADGME),
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W.P.No.18428 of 2023
Directorate of 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. ... 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 “General” to OBC
(Other Backward classes) in the Petitioner's Application No.230411312285
and Roll No.4107030552 for NEET (UG)-2023 and consequently permit her
to participate in the (UG). Counselling for MBBS/BDS-2023.
For Petitioner : Mr.K.Selvaraj
For Respondents 1 to 3 : Mr.R.Sidharth, CGC
For 4th Respondent : Mrs.Shubaranjani Ananth
For 5th Respondent : Ms.N.Sneha
ORDER
Petitioner has come up with this Writ Petition seeking a direction to
the Respondents to forthwith change her category from “General” to OBC
(Other Backward classes) in the Petitioner's Application No.230411312285
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W.P.No.18428 of 2023
and Roll No.4107030552 for NEET (UG)-2023 and consequently permit her
to participate in the (UG). Counselling for MBBS/BDS-2023.
2. According to the Petitioner, she belongs to Nadar Community
and the competent Authority has also certified that she belong to Backward
Class Community. She passed Higher Secondary Course Examination in
March 2023. She submitted her Online Application to write NEET (UG)
2023 – Entrance Test and she also wrote the NEET Examination. Thereafter,
the NEET results were published and the Petitioner obtained the Score Card
on 13.06.2023, 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 14.06.2023, she submitted a
representation to the Respondents 1 to 3 requesting to rectify the mistake. As
there is no response from the Respondents 1 to 3 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
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W.P.No.18428 of 2023
Court allowed the said Writ Petitions, by allowing similarly situated
candidates to change their category from “UR” to “OBC”. However, a batch
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 1 to 3 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
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W.P.No.18428 of 2023
change their category from ''Unreserved'' to “OBC”, this Court directs the
Respondents 1 to 3 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
Colleges by permitting her to change her category from 'Unreserved” to
“OBC”.
6. The Writ Petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
21.06.2023
Index : Yes/No
Speaking Order : Yes/No
NCC : Yes/No
(rap)
To:
https://www.mhc.tn.gov.in/judis
W.P.No.18428 of 2023
1. The Secretary,The 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. Chairman, D.G.H.S.,
The Medical Counselling Committee (MCC),
Ministry of Health & Family Welfare,
Government of India,
Room No.348, 'A' Wing, Nirman Bhavan,
New Delhi – 110 011.
3. The Associate Dean for Graduate
Medical Education (ADGME),
Directorate of General of Health Services,
Nirman Bhavan,
New Delhi – 110 001.
4. Chairperson,
The National Medical Commission,
Sector 8, Pocket 14, Phase-I,
Dwarka, New Delhi – 110 077.
5. The Selection Committee,
Directorate of Medical Education,
Kilpauk,
Chennai 600 010.
https://www.mhc.tn.gov.in/judis
W.P.No.18428 of 2023
M.DHANDAPANI,J.
(rap)
W.P.No.18428 of 2023
and
W.M.P.No.17645 of 2023
21.06.2023
https://www.mhc.tn.gov.in/judis
