Madras High CourtWP/25349/2023disposed of

V.R.Balakrishnan v. The Government Of India

2023-08-28Honourable Mr Justice N. Seshasayee7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.No.24756 of 2023 V.R.Balakrishnan .... Petitioner Vs 1.The Government of India Rep by its Secretary Department of Health and Family Welfare Ministry of Health and Family Welfare Room No.348, 'A' Wing, Nirman Bhavan New Delhi - 110 011.

2.The Medical Counselling Committee (MCC) Rep by its Chairman, D.G.H.S.

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

3.The Associate Dean for Graduate Medical Education (ADGME) Directorate General of Health Services Nirman Bhavan, New Delhi - 110 011.

4.The National Medical Commission Rep by its Chairperson Sector 8, Pocket 14, Phase-I Dwarka, New Delhi - 110 077.

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5.The Selection Committee Directorate of Medical Education Kilpauk, Chennai - 600 010.

6. The Senior Director, NEET (UG) National Testing Agency, C-20 1A/8, Sector 62, IITK Outreach Centre Noida - 201309.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to forthwith change the category of the petitioner from "General" to 'OBC" (Other Backward Class) in the petitioner's application No.230410128060, and Roll No.4101020326 for NEET (UG)-2023 and consequently permit him to participate in the (UG), Counselling for MBBS/BDS-2023. For Petitioner : Mr.K.Selvaraj For Respondents : Mr.R.Subramanian Additional Central Government Standing Counsel for R1 to R3 Ms.Shubharajani Ananth for R4 Ms.Sunita Kumari for R5 2/7

ORDER

The petitioner says that he belongs to Agamudayar 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 125 out of 720, and for OBC category the cut off mark is 107. The petitioner now says that the information provided in the online application has happened by mistake.

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.

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3.Mr.R.Subramanian, the learned Additional Central Government Standing Counsel takes notice for the respondents 1 to 3 . Mrs.Shubharanjani Ananth, the learned standing counsel takes notice for the 4th respondent. Mrs.Sunita Kumari, the learned Standing Counsel takes notice for the fifth 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 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.

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 4/7

counselling.

6. This Court now directs that the first 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 first 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. 28.08.2023 Index : Yes / No Speaking order / Non-speaking order Anu Note : Issue order copy on 29.08.2023 5/7

To:

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