Mohammed Hisham v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI Mohammed Hisham ..Petitioner(s) Vs

1. The Director NEET examination Shiksha kendra 2, Community Centre, Preet Vihar, Delhi-110 092.

2. The Director of General of Health Services Ministry of Health and Family welfare Nirman Bhavan New Delhi-110 077.

3. The Medical Council of India Sector-8, Pocket 14, Phase 1 Dwarka, New Delhi-110 077.

4. The Selection Committee Directorate of Medical Education Kilpauk, Chennai-600 010.

..Respondent(s) Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus or any other order or direction in the nature of Writ, directing the first respondent to permit the petitioner to correct his community as OBC instead of the General community enabling him to complete MBBS in the Foreign University.

For Petitioner(s):

Mr.R.Vijayaraghaven For Respondent(s):

Ms.M.Sneha for R4 Mr.A.Kumaraguru for R2 Ms.V.Sudha for R3

ORDER

This Writ Petition has been filed seeking a direction to the first respondent to permit the petitioner to correct his community as OBC instead of the General community enabling him to complete MBBS in the Foreign University.

2. The learned counsel for the petitioner submits that the petitioner has secured 130 marks in the NEET examination and due to inadvertent mistake of mentioning the category as "General Category" at the time of filing the application, the petitioner was declared as unsuccessful candidate. The petitioner belongs to OBC and if the marks secured by him is considered under the OBC category, he is eligible to join MBBS. However, in view of the mistake crept in the application form, the petitioner was declared as unsuccessful candidate by considering him as General Category. Consequently, the petitioner made a representation dated 07.07.2025 to the first respondent requesting them to consider the correction in category as OBC which has not yet been considered. Hence, the present Writ Petition has been filed.

3. The learned counsel appearing for the petitioner further submitted that this Court may issue a direction to the respondents to consider the said representation dated 07.07.2025 and pass appropriate orders, within a stipulated period as fixed by this Court.

4. The learned counsel appearing for the respondents submits that petitioner voluntarily chose the "General" category in the NEET application for the year 2021. He further contends that the request for correction is being made after a lapse of nearly four years. It is submitted that the examination process for the year 2021 is long over, and there is no provision or window available at this stage to permit a change of category for a concluded examination. Hence, prays for dismissal of the present Writ Petition.

5. Heard the learned counsel appearing on either side and perused the materials placed on record.

6.This Court is of the view that once the examination process is completed and results are declared based on the data provided by the candidate, a change of category cannot be claimed as a matter of right, especially after such a significant lapse of time. Hence, the Writ Petition stands dismissed. No costs.

03-03-2026 Index: Yes/No Speaking/Non-speaking order ep

M.DHANDAPANI, J.

ep To

1. The Director NEET examination Shiksha kendra 2, community centre, Preet vihar Delhi-110 092

2. The Director of General of Health services Ministry of Health and family welfare Nirman Bhavan New Delhi-110 077

3. The Medical council of India sector-8,Pocket 14, Phase 1 Dwarka New Delhi-110 077

4. The Selection committee Directorate of Medical Education Kilpauk Chennai-600 010.

03-03-2026