Madras High CourtWP/22135/2023disposed of

Syed Ibrahim Soofi v. The Secretary

2023-07-27Honourable Mr Justice N. Seshasayee8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.07.2023 CORAM : JUSTICE N.SESHASAYEE W.P.No.22135 of 2023 Syed Ibrahim Soofi, Rep by his Father Mr.Syed Abideen ... 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, India.

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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 orders for the rectification of the category from GENERAL TO OBC in the NEET (UG) 2023 Score card of SYED IBRAHIM SOOFI with APPLICATION No.230412142122 and ROLL No.4101060126; (b) pass any other order as this Court may deem fit.

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For Petitioner : Mr.V.Thirumalai For Respondents : Mr.K.Subburanga Bharathi, CGC for R1 & R2 Ms.Sunita Kumari, Standing Counsel for R3 Ms.Shubaranjani Ananth for R4 Ms.Sneha for R6 Mr.G.Ameedias, GA for R7

ORDER

The petitioner, a minor, has filed this petition through his next friend and father, says that he belongs to Muslim Dekkani 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 115 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 29.09.2019. 3/8

2. 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. 3.Mr.K.Subburanga Bharathi, the learned CGC takes notice for the 1st and 2nd respondents. Mrs.Sunitha Kumari, the learned standing counsel takes notice for the 3rd 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 and Mr.G.Ameedias, learned Government Advocate takes notice for the seventh respondent.

4. 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 cut4/8

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.

5. 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.

6. 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 examination for UG, 2023 as expeditiously as possible. And, in the eventuality of the second respondent changing the category of the petitioner as 5/8

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. 27.07.2023 Index : Yes / No Speaking order / Non-speaking order Tsg To: