Aswini Babu (Minor) v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.26111 of 2022 and W.M.P.No.25190 of 2022 Ms.Aswini Babu ... Petitioner Vs 1.Union of India, Rep. By Secretary to Government, Ministry of Human Resource Development, New Delhi.
2.National Testing Agency (National Eligibility - cum - Entrance Test - (UG) 2022) Rep. By its Secretary, Dept. of Higher Education, MHRD, NSK - MDPP Building, Okla Industrial Estate Phase II, New Delhi - 110 020.
3.The Medical Counselling, Committed rep. by its Secretary, All India Quota for Medical UG 2022 Directorate of General of Health Services, Govt. of India, Room No.348, A Wing, Nirman Bhavan, New Delhi.
4.The Directorate of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai - 600 010.
1/7
5.The National Medical Commission, rep. By its Secretary, Pocket-14, Sector 8, Dwaraka, New Delhi - 110 077.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to furnish the OMR Sheet of petitioner daughter Aswini Babu, who appeared for the National Eligibility Cum Entrance Test (UG) 2022 (NEET) under Registration No.220410415743 & Roll No.4102040376 either by mailing a scanned copy of the OMR Sheet to her mail id aswinibabu1204@gmail.com or in any manner within a time limit that may be fixed by this Court so as to facilitate her submit her online application for admission to MBBS / BDS courses for the academic year, 2022, in the manner prescribed by the Tamil Nadu Medical Council, on or before 03.10.2022.
For Petitioner : Mr.B.Harikrishnan For Respondents : Ms.P.J.Anitha Central Govt. Standing Counsel (R1 & R3) : Ms.Sunita Kumari Standing Counsel (for R2) : Mr.U.M.Ravichandran Special Govt. Pleader (for R4) : Ms.Shubharanjani Ananth Standing Counsel (for R5) 2/7
ORDER
The prayer sought for herein is for a writ of Mandamus directing the respondents to furnish the OMR Sheet of petitioner daughter Aswini Babu, who appeared for the National Eligibility Cum Entrance Test (UG) 2022 (NEET) under Registration No.220410415743 & Roll No.4102040376 either by mailing a scanned copy of the OMR Sheet to her mail id aswinibabu1204@gmail.com or in any manner within a time limit that may be fixed by this Court so as to facilitate her to submit her online application for admission to MBBS / BDS Courses for the academic year, 2022, in the manner prescribed by the Tamil Nadu Medical Council, on or before 03.10.2022.
2. As per the scheme of examination, on 30.08.2022 the OMR sheet with provisional answer key was published by the 2nd respondent viz., National Testing Agency (NTA) who conducted the examination and the window was opened enabling the candidates to raise any objection with regard to the marks awarded in the examination to each of the candidates and thereafter rectifying mistake if any, the final results were published on 07.09.2022 in the website and the copy of the final OMR sheet has been communicated to every candidate through the 3/7
registered email ID. Despite that the petitioner now complaints that the petitioner has not received the OMR sheet by email or in any other mode and the petitioner also could not have an access to get download the said OMR sheet, therefore in order to get the copy of the OMR sheet, the petitioner has moved the present writ petition.
3. Heard Mr.B.Harikrishnan, learned counsel appearing for the petitioner, Ms.P.J.Anitha, learned Central Government Standing Counsel appearing for respondents 1 and 3, Ms.Sunita Kumari, learned Standing Counsel appearing for the 2nd respondent, Ms.Shubharanjani Ananthi, learned Standing Counsel for the 5th respondent and Mr.U.M.Ravichandran, learned Special Government Pleader for the 4th respondent.
4. Since the contesting respondent is now the 2nd respondent to whom Ms.Sunita Kumari, learned Standing Counsel having taken notice submits that, the OMR sheet already been communicated through registered email ID of the petitioner, nevertheless one more photocopy of the same has been brought in and the same can be handed over to the learned counsel for the petitioner right across now and accordingly the 4/7
learned Standing Counsel has handed over the copy of the OMR sheet to the learned counsel for the petitioner, who on receipt of the same, submits that, since the prayer sought for herein has been accomplished, this writ petition by recording the aforesaid may be disposed of.
5. The learned Standing Counsel for the 2nd respondent also would submit that, the present email ID of the petitioner since has been obtained and in that email ID, one more copy of the OMR sheet would be communicated.
6. In view of the aforestated where the petitioner's prayer has been accomplished and the OMR sheet has been now handed over by the learned Standing Counsel for the 2nd respondent to the petitioner counsel, recording the same, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 27.09.2022 Index: Yes/No Speaking Order : Yes/No Sgl 5/7
To 1.Secretary to Government, Union of India, Ministry of Human Resource Development, New Delhi.
2.The Secretary, National Testing Agency (National Eligibility - cum - Entrance Test - (UG) 2022) Dept. of Higher Education, MHRD, NSK - MDPP Building, Okla Industrial Estate Phase II, New Delhi - 110 020.
3.The Secretary, Medical Counselling, All India Quota for Medical UG 2022 Directorate of General of Health Services, Govt. of India, Room No.348, A Wing, Nirman Bhavan, New Delhi.
4.The Directorate of Medical Education, No.162, Periyar EVR High Road, Kilpauk, Chennai - 600 010.
5.The National Medical Commission, The Secretary, Pocket-14, Sector 8, Dwaraka, New Delhi - 110 077.
6/7
R. SURESH KUMAR, J.
Sgl 27.09.2022 7/7