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Madras High CourtWP/17953/2019disposed of

S.Swetha v. The Government Of India

2019-06-26Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.06.2019 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Writ Petition No.17953 of 2019 and W.M.P.Nos.17354 and 17355 of 2019 S.Swetha .. Petitioner /versus/ 1.The Government of India, rep.by its Secretary to Government, Ministry of Health and Family Welfare, Room No.348, 'A' Wing, Nirman Bhavan, New Delhi 110 011.

2.The Directorate General of Health Services, (Medical Examination Cell), Ministry of Health and Family Welfare, Nirman Bhavan, New Delhi 110 011.

3.Medical Council of India, Represented by its Secretary, Pocket 14, Sector 8, Dwaraka, New Delhi 110 075.

4.The Chairman, Medical Counselling Committee, (Director General of Health Services Ministry of Health and Family Welfare), Nirman Bhavan, New Delhi 110 011.

5.The Chairperson, National Testing Agency, C-201A/8, Sector 62, IITK Outreach Centre, Noida 201309.

.. Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 21.06.2019 and to permit the petitioner to rectify her application No.190410587591 for the NEET examination as one under "Unreserved Category (Economically Weaker Section)" and consequently to consider the candidature of the petitioner for medical admission (UG)-2019 under the unreserved category for All India Quota.

For Petitioner :Mr.T.Saikrishnan For Respondents:Mr.G.Karthikeyan, ASG for R1 Mr.V.P.Raman, SC for R3 ---------

O R D E R

Heard learned counsel appearing for the petitioner and learned Additional Solicitor General appearing for the first respondent and learned Senior Counsel appearing for the third respondent.

2. The grievance of the petitioner herein is that while she made an application for NEET UG- 2019 through NTA website, she has mentioned her community as OBC in both Central and State Category. Whereas Ganjam Reddy comes under BC only under the State Category and not under the Central Category. The mistake has been realised by the petitioner only after closure of the last date to receive the application. Hence, she has made a representation dated 21.06.2019 to the fourth respondent to treat her as Open Category candidate in the Central registration is concerned. Now, she has approached this Court seeking Mandamus directing the fourth respondent to dispose of her representation dated 21.06.2019, since the said representation is pending with the fourth respondent and not yet been disposed of.

3. In the given circumstances, taking note of the urgency in the matter and after hearing the counsels appearing for the respondents, it is suffice to direct the fourth respondent herein, who has received the representation of the petitioner dated 21.06.2019 to dispose of it on merits, within a period of seven days from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ari To:

1.The Secretary to Government,Government of India, Ministry of Health and Family Welfare, Room No.348, 'A' Wing,Nirman Bhavan,New Delhi 110 011.

2.The Directorate General of Health Services, (Medical Examination Cell),Ministry of Health and Family Welfare, Nirman Bhavan,New Delhi 110 011.

3.Medical Council of India,Represented by its Secretary, Pocket 14, Sector 8,Dwaraka, New Delhi 110 075. 4.The Chairman,Medical Counselling Committee, (Director General of Health ServicesMinistry of Health and Family Welfare),Nirman Bhavan,New Delhi 110 011. 5.The Chairperson,National Testing Agency, C-201A/8, Sector 62,IITK Outreach Centre, Noida 201309.

+1cc to Mr.G.Karthikeyan, Advocate sr.53329 +1cc to Mr.T.Saikrishnan, Advocate sr.52670 +1cc to Mr.V.P.Raman, Advocate sr.52702 W.P.No.17953 of 2019 nr 27/06/2019