Arka Manna v. Ministry Of Education, Govt. Of India And ORS

09.10.2023 SL No.70 Court No. 238 Ali WPA 21769 of 2023 Arka Manna Vs.

Ministry of Education, government of India & Ors. Mr. Narayan Debnath, Mr. Soumyajit Ghoshal Mr. Saswata Chatterjee Mr. Tanima Debnath ...For the petitioner.

Mr. Indranil Roy, Mr. Sunit Kumar Roy ...For the National Medical Commission.

Mr. A.K. Gupta ..................for the UOI.

Admittedly, the petitioner participated in the NEET-UG 2023 examination as a General candidate. Following the said examination, the counselling for admission was initiated by the State by a notification dated 19th July, 2023. It is also an admitted position that after the counselling started, the petitioner obtained an "Economically Weaker Section" certificate from the competent authority. Learned advocate appearing for the petitioner submits that the petitioner should be allowed to participate in the counseling process as an "Economically Weaker Section" candidate.

I find that no substance in such claim.

The petitioners'

eligibility should be determined as on the date mentioned in the relevant advertisement [See: (1997) 4 SCC 185 (Ashok Kumar

Sharma Vs. Chander Shekar)] [See Also: (2023) SCC OnLine SC 662 (Sakshi Arha Vs. Rajasthan High Court)].

In the midst of counselling, he cannot claim to participate as an "Economically Weaker Section" candidate.

Accordingly, WPA 21769 of is dismissed.

Urgent Photostat certificate copy of this order, if applied for, be given to the parties on usual undertakings.

(Kausik Chanda, J.)