S.Jeyashree Sharon v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.14298 of 2018 S.Jeyashree Sharon : Petitioner Vs.

1.The Secretary, Selection Committee, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

2.The Director, National Eligibility cum Entrance Test (NEET) Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, New Delhi 110092.

:Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents herein to change the petitioner from unreserved (UR) category to other Backward Class (OBC) category in the NEET Examination, 2018 result under Roll No.512301371 by considering petitioner's representation dated 23.06.2018 so as to enable the petitioner to join at least in Self-financing Dental Colleges under the Management Quota.

For Petitioner : Mr.E.V.N.Siva For R-1 : Mr.N.Shanmuga Selvam Additional Government Pleader For R-2 : Mr.P.Subbiah Central Government counsel

ORDER

Heard Mr.E.V.N.Siva, learned counsel appearing for the petitioner, Mr.N.Shanmuga Selvam, learned Additional Government Pleader, who takes notice on behalf of the first respondent and Mr.Mr.P.Subbiah, learned Central Government counsel, who takes notice on behalf of the second respondent.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioner that his representation, to change the petitioner's category from unreserved (UR) to Other Backward Class (OBC) in the Neet Examination, 2018 https://hcservices.ecourts.gov.in/hcservices/

result, has not been considered by the respondents till date and therefore, has filed the present writ petition. 4.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 5.In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation, on its own merits and take further action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Selection Committee, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai-600 010.

2.The Director, National Eligibility cum Entrance Test (NEET) Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, New Delhi 110092.

+1CC to Mr.E.V.N.Siva, Advocate in SR.No.71169. +1CC to Mr.P.Subbiah Advocate in SR.No.71074. RMK DS/SV/SAR-3 :06.07.2018: 2P/5C W.P.(MD)No.14298 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 04.07.2018