Dr. Sharma Priti Naresh Kumar v. National Board Of Examination & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3090/2017 DR. SHARMA PRITI NARESH KUMAR ..... Petitioner Through : Mr. Prashant Singh, Adv.

Versus

NATIONAL BOARD OF EXAMINATION & ORS..... Respondents Through : Dr. Rakesh Gosain, Adv.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.04.2017 Learned counsel for the petitioner submits that respondent no. 1 is the main party; which has to carry out the necessary correction therefore respondent nos. 2 and 3 be deleted from the array of parties. Ordered accordingly.

Names of the respondent nos. 2 and 3 are deleted from the array of parties.

It is contended that petitioner is a resident of Panipat in the State of Haryana. She completed her class 10th and class 12th from the Secondary Board of Secondary Education (CBSE) from Panipat and the necessary certificates were issued by the CBSE in the year 1997 and 1999,

respectively.

After completing her schooling, petitioner pursued MBBS course from Dr. D.Y. Patil University, Kolhapur, Maharashtra in the year 2011.

However, the degree was conferred on her in the year 2013. Thereafter, petitioner started working as a Junior Resident in Sanjay Gandhi Hospital, Mangolpuri, New Delhi.

Petitioner decided to pursue higher degrees, that is, MD/MS/postgraduate diploma and accordingly, took up the entrance test, known as National Eligibility-cum-Entrance Test (NEET) held in the year 2017.

While filling up online application form for the same, petitioner inadvertently mentioned the 'State of Maharashtra' against the column 'Domicile State/Union Territory'; whereas petitioner is domicile of State of Haryana.

Photocopy of "Haryana Resident Certificate" issued by the Tehsildar Panipat has been annexed as Annexure P-9. Copy of online application form has been annexed as Annexure P-10. It is submitted that due to an inadvertent mistake, petitioner had filled up 'Maharashtra' in the column of Domicile State/Union Territory, therefore, the same may be permitted to be corrected and respondent no. 1 may be directed to make such corrections in the merit list and forward the same to State of Haryana. Learned counsel for the respondents submits that

respondent no. 1 has no objection to correct this error if this Court directs so. It is further submitted that a list indicating the position of the petitioner in the merit list will also be sent via email to the Medical Counselling Committee, State of Haryana.

It is noted that vide Annexure P-11 petitioner had requested the respondent no. 1 through email dated 27th March, 2017 for necessary corrections and had sent the Domicile Certificate as an attachment to the same. In the Annexure P-11 also, petitioner has specifically mentioned that due to inadvertent mistake, she had filled up the domicile state as 'Maharashtra' instead of 'Haryana'.

Learned counsel for the petitioner further points out that counselling is yet to take place in Pt. B.D. Sharma Medical University, Rohtak, Haryana, where petitioner intends to participate in counselling for the postgraduate course. The inadvertent error as indicated is possible. A candidate may not suffer for such an inadvertent mistake, which, otherwise, can be corrected more so, when such domicile certificate can be verified, by the concerned authorities, at the time of admission.

Accordingly, respondent no. 1 is directed to correct the error, in accordance with law and forward the corrected list to the Medical Counselling Committee, State of Haryana.

Writ petition is disposed of in the above terms. Copy of the order be given dasti to the counsels of both the parties under the signatures of Court Master.

A.K. PATHAK, J.

APRIL 17, 2017 rb