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Madras High CourtWP/25410/2021dismissed

T.Aravinth Karthik v. The National Testing Agency

2021-12-23Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.Nos.26836 to 26839 of 2021 T.Aravinth Karthik ......Petitioner vs.

1. The National Testing Agency, Represented by its Senior Director (Exams) C-20, 1A/8, Sector 62, IITK Outreach Centre, Noida-201 309, U.P.

2. The Medical Counseling Committee, Represented by its Secretary, All India Quota for Medical UG 2021, Directorate General of Health Service, Government of India, A Wing, Nirman Bhavan, New Delhi-110 011.

3. The Director of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai-600 010.

4. The Secretary, 1/8

Selection Committee for MBBS/BDS, Directorate of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai-10.

Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue an order or direction or Writ and in particular Writ in the nature of a Writ of Certiorarified Mandamus, to call for the records of the 1st Respondent relating to petitioners score card downloaded through the official website of the 1st respondnet on 18.11.2021 showing the petitioners total marks as 124 out of 720 om the National Eligibility cum Entrance Test (UG) 2021 as well as the All India Rank for counseling in respect of the petitioner as 836302 relating to his Roll No. 401007003 and Application No.

21041057244 and to quash the same and to consequentially direct the Respondnet to process the counseling for petitioners admission to MBBS course for the year 2021 as he had secured a total of614 out of 720 marks and his all India Rank for counseling standing as 15123 in the National Eligibility cum entrance Test (UG) 2021 as reflected in score cards downloaded through the frst respondent's website by the petitioner on 08.11.2021 and 09.11.2021 by consiering the petitioner on 18.11.

21.11.2021 sent through email to the first respondent. For Petitioner : Mr. A.R.Sakthivel For Respondents : Mr. A.R.Sakthivel R2 Standing Counsel Mr.Sunitha Kumar R1 Standing Counsel Mr.C.Jayaprakash RR3 & 4 Government Advocate

ORDER

The petitioner has filed this petition seeking to call for the records of the 1st Respondent relating to petitioners score card downloaded through the official website of the 1st respondnet on 18.11.2021 showing the petitioners total marks as 124 out of 720 om the National Eligibility cum Entrance Test (UG) 2021 as well as the All India Rank for counseling in respect of the petitioner as 836302 relating to his Roll No. 401007003 and Application No. 21041057244 and to quash the same and to consequentially direct the Respondnet to process the counseling for petitioners admission to MBBS course for the year 2021 as he had secured a total of614 out of 720 marks and his all India Rank for counseling standing as 15123 in the 3/8

National Eligibility cum entrance Test (UG) 2021 as reflected in score cards downloaded through the frst respondent's website by the petitioner on 08.11.2021 and 09.11.2021 by consiering the petitioner on 18.11.2021 and 21.11.2021 sent through email to the first respondent.

2. The case of the petitioner is that the petitioner has appeared for National Eligibility cum Entrance Test (NEET) after completing his XII standard, conducted by the first respondent on 12.09.2021. While so, the first respondent declared the results in respect of the said NEET examination on 01.11.2021 through their official website online, in which, the petitioner came to know that he had secured 614 out of 720 marks and also the petitioner received an email from the first respondent on 02.11.2021 informing that the petitioner had secured 124 marks out of 720. When the petitioner checked his marks on 18.11.2021, once again it shown the marks secured by the petitioner as 124 instead of 614. The petitioner's mother sent email on behalf of his son to the first respondent on 18.11.2021 and 21.11.2021 requesting to update the status of the marks secured by the petitioner. Without having any other option, the petitioner has filed this 4/8

petition to quash the mark sheet which was downloaded by the petitioner on 18.11.2021 before this Court.

3. The learned counsel for the petitioner submitted that immideately after publishing the result, the result shown as 614 marks and after a week, the score card published by the first respondent showing that the marks secured by the petitioner as 124 instead of the originally shown marks of 614, is illegal and injustice and hence, the same has to be quashed and the first respondent has to declare the original marks of the petitioner.

4. The learned Standing Counsel for the first respondent submitted that pursuant to the order of this Court, the original OMR is produced before this Court and found that the petitioner has secured 124 marks. Hence, this Court may reject the claim made by the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Standing counsel for the respondents 1 & 2 and the learned Government Advocate for the third respondent and perused the materials available on 5/8

record.

6. On 16.12.2021, this Court was directed the first respondent to produce the original OMR sheet of the petitioner.

7. When the matter is taken up for hearing today, the first respondent has produced the original OMR sheet before this Court. On perusal of the OMR sheet, it is clearly shown that the petitioner has secured 124 marks out of 720, not 614 marks. Therefore, this Court cannot be considered the claim sought for by the petitioner and the same is liable to be rejected and there is no merit in the writ petition.

8. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are dismissed, 21.12.2021 Index : Yes / No Internet : Yes / No rli 6/8

To

1. The National Testing Agency, Represented by its Senior Director (Exams) C-20, 1A/8, Sector 62, IITK Outreach Centre, Noida-201 309, U.P.

2. The Medical Counseling Committee, Represented by its Secretary, All India Quota for Medical UG 2021, Directorate General of Health Service, Government of India, A Wing, Nirman Bhavan, New Delhi-110 011.

3. The Director of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai-600 010.

4. The Secretary, Selection Committee for MBBS/BDS, Directorate of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai-10.

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M.DHANDAPANI, J.

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