Esakkiappan. M v. The National Testing Agency

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.12960 of 2024 M.Esakkiappan ... Petitioner Vs.

1.The National Testing Agency, Rep. by its Senior Director, First Floor, NSIC - MDBP Building, Okhla Industrial Estate, New Delhi-110 020.

2.National Medical Commission, Satarkta Bhawan, G.P.O.Complex, Block A, INA, New Delhi - 110023.

3.Medical Counseling Committee, The Directorate General of Health Service (DGHS), Nirman Bhawan, New Delhi - 110 001.

4.The Tamil Nadu Medical Selection Committee, The Directorate General of Medical Education, Kilpauk, Chennai, Tamil Nadu.

... Respondents (R3 and R4 are impleaded vide order dated 05.07.2024 in W.M.P.(MD)No.13158 of 2024 in W.P.(MD)No.14763 of 2024 by GRSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to 1/4

change the community category of the petitioner's son E.Deivanayagam NEET (UG 2024) Roll No.3050168, Application No.24041169675 from General to OBC and allow him to participate the counseling for medical seats scheduled to be held on 06.07.2024 under OBC category.

For Petitioner : Mr.M.Ganagatharan For Respondents : Mr.Karthik, Central Govt. Standing Counsel for R1 to R3.

Mrs.M.Sneha, Standing Counsel for R4.

ORDER

Heard the learned counsel on either side.

2.The writ petitioner belongs to hindu archakarai vellallar community which is a notified OBC community. The petitioner's son has cleared NEET. While applying before the National Testing Agency, the petitioner's son omitted to correctly state his communal status. Now the petitioner is apprehensive that his son's right as OBC candidate may be denied. 3.The learned standing counsel for the fourth respondent informs the Court that if the petitioner's son produces his community certificate, the 2/4

petitioner's son application will be decided on that basis and that they would not go by the NEET rank as far as State quota is concerned. As far as all India quota concerned, the fourth respondent cannot extend his helping hand to the petitioner.

4.Recording the stand of the learned standing counsel for the fourth respondent, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

05.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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