Madras High CourtWP(MD)/21915/2022dismissed

Amirthavarshine.R v. The Union Of India

2023-01-09Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.21915 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21915 of 2022 and W.M.P.(MD)No.22005 of 2022 R.Amirthavarshine ... Petitioner Vs.

1. The Union of India, Rep. by the Secretary, Ministry of Education, 122-C, Shastri Bhavan, New Delhi - 110 001.

2. The Union of India, Rep. by the Secretary, Ministry of Health and Family Welfare, 122-C, Shastri Bhavan, New Delhi - 110 001.

3. National Testing Agency, Rep. by its Director, C-20 IA/8, Sector-62, IITK Outreach Centre, Noida District, Uttrapradesh State - 201 309. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to consider the representation dated 04.09.2022, sent to their official website address for the issues raised in the representation, to be investigated and file 1/5

2 W.P.(MD)NO.21915 OF 2022 investigation report before this Court within the time frame, which may be directed, by this Court and further direct the 3rd respondent to produce original OMR answer sheet and office (Carbon) copy of OMR answer Sheet before this Court and further direct the respondents 1 and 2 to reserve one MBBS seat in Tamil Nadu Government Medical colleges for the petitioner, till investigation to be completed on issues raised by the petitioner in representation dated 04.09.2022. For Petitioner : Mr.S.S.Kumar For R-1 & R-2 : Mr.V.J.Kumaravel, Central Government Standing Counsel.

For R-3 : Mr.P.Karthick, Standing Counsel.

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O R D E R

Heard the learned counsel on either side.

2. The writ petitioner herein had earlier filed W.P. (MD)No.20320 of 2021 in which she had made the very same allegations as now made in the present writ petition. The only difference is that the earlier writ petition pertains to the year 2021 whereas the present writ petition pertains to the year 2022. Since this Court felt that the allegations of the writ 2/5

3 W.P.(MD)NO.21915 OF 2022 petitioner ought not to be brushed aside, in the earlier writ petition, the original OMR sheet was directed to be produced. I examined the original OMR sheet. The petitioner's allegations were found to be baseless.

3. Since in this writ petition also similar allegations have been made, I am of the view that there is no need to cause production of the original OMR sheet. The writ petitioner is one among thousands of candidates who took part in the NEET examination. There is no reason as to why the petitioner should entertain suspicion that the third respondent is ill disposed towards her. There is no merit in this writ petition.

4. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 09.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5

4 W.P.(MD)NO.21915 OF 2022 To:

1. The Union of India, Rep. by the Secretary, Ministry of Education, 122-C, Shastri Bhavan, New Delhi - 110 001.

2. The Union of India, Rep. by the Secretary, Ministry of Health and Family Welfare, 122-C, Shastri Bhavan, New Delhi - 110 001.

3. National Testing Agency, Rep. by its Director, C-20 IA/8, Sector-62, IITK Outreach Centre, Noida District, Uttrapradesh State - 201 309.

4/5

5 W.P.(MD)NO.21915 OF 2022 G.R.SWAMINATHAN,J.

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