Harivathsan Rp (Minor) v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 10.07.2023 Pronounced on : 18.07.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.No.19188 of 2023 Harivathsan RP (Minor) ... Petitioner Vs.
1.The Secretary Union of India Ministry of Education New Delhi - 110 001.
2.The Secretary Union of India 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.
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5.The Medical Counselling Committee (MCC) Rep. by its Chairman DGHS Government of India Room No.348, A Wing Nirman Bhavan, New Delhi - 110 011.
6.The 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.The National Board of Examinations H698+9FC, Medical Enclave Ansari Nagar, Mahatma Gandhi Marg Ring Road, New Delhi Delhi - 110 029.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus (a) directing the respondents to pass appropriate order for the rectification of the category from GENERAL TO OBC in the NEET (UG) 2023 Score card of HARIVATHSAN RP with APPLICATION No.230410223671 and ROLL No.4101050036; (b) pass any other order as this Court may deem fit.
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For Petitioner : Mr.A.Syed Kaleesha For Respondents : Mr.R.Subramanian, ACGSC for R1 & R2 Ms.Sunita Kumari, Standing Counsel for R3 Ms.Shubaranjani Ananth for R4 Ms.Sneha for R6 Mr.S.J.Mohammed Sathik for R7
ORDER
The petitioner, a minor, has filed this petition through his next friend and father, says that he belongs to Hindu Thuluva Vellala community, and that it is a notified OBC community. However, when the petitioner applied for sitting in the NEET (UG) Examination, 2023, he inadvertently filled the online application as if he belongs to the General Category. The petitioner has scored 128 out of 720, and for general category the cut off mark is 137. The petitioner now says that the information provided in the online application has happened by mistake, and to support that the petitioner belongs to OBC he has produced a community certificate issued on 20.06.2023.
2. As per the income certificate dated 07.07.2023, produced by the petitioner, the combined annual income as an individual / family, is Rs.5,40,000/- and 3/8
hence he would fall within OBC- Non Creamy layer category. The petitioner states that he is going abroad and that he requires that his category be changed from General to OBC- Creamy layer in the NEET Exam-2023 results, in order to facilitate him to prosecute his studies accordingly. 3.This Court is informed that the community classification as per the Central Government Notification are Open Category, OBC, SC and ST. The category OBC is further divided into Creamy Layer and Non Creamy Layer. However, when it comes to this State, the categories are Open Category or General Category, MBC, BC, SC & ST. Those who fall within MBC and BC as per the State classification will fall under the category OBC under the Central classification.
This difference in categorisation of communities is said to create confusion and that this is one such instance, this Court is informed. 4.Mr.R.Subramanian, the learned ACGSC takes notice for the 1st and 2nd respondents. Mrs.Sunitha Kumari, the learned standing counsel takes notice for the 3 rd respondent. Mrs.Shubharanjani Ananth, the learned standing counsel takes notice for the 4th respondent. Mrs.Sneha, the learned counsel takes notice for the 6th respondent.
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5. This court is informed that the intimation for interview would be dispatched based on the category in which a candidate falls, taking into account the cut-off marks prescribed for the category, and that since the online registration for NEET (UG) 2023 Counselling for Government College has ended, and since the process of converting the category from "General" to "OBC" will take sometime, if the petitioner insists in considering his name at the middle of the admission process of the current academic year, it will disrupt the process.
6. The petitioner has created a situation for himself. A sheer lapse in care on his part is likely to spoil his hopes in joining the medical course in the current academic year. This Court sympathises with the petitioner, but mere sympathy cannot vest the petitioner with any right that he be called for counselling.
7. This Court now directs that the second respondent to consider the case of the petitioner, cause an enquiry if it is felt necessary, and change his category from General to OBC (Non-creamy layer) in the NEET results for the 5/8
examination for UG, 2023 as expeditiously as possible. And, in the eventuality of the second respondent changing the category of the petitioner as required by him, the same is required to be communicated to such authority who are entrusted with the responsibility of conducting counselling. The writ petition is disposed of accordingly. No costs. 18.07.2023 Index : Yes / No Speaking order / Non-speaking order ds Note : Issue order copy on 18.07.2023 To:
1.The Secretary Union of India Ministry of Education New Delhi - 110 001.
2.The Secretary Union of India 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 6/8
National Medical Commission Pocket-14, Sectr-8, Dwaraka Phase-1, New Delhi - 110 077.
5.The Medical Counselling Committee (MCC) Rep. by its Chairman DGHS Government of India Room No.348, A Wing Nirman Bhavan, New Delhi - 110 011.
6.The 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.The National Board of Examinations H698+9FC, Medical Enclave Ansari Nagar, Mahatma Gandhi Marg Ring Road, New Delhi Delhi - 110 029.
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N.SESHASAYEE.J., ds Pre-delivery order in 18.07.2023 8/8