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Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of  Mandamus, directing the respondents to forthwith change the category of the Petitioner from “General(UR)” to ÖBC”(Other Backward Classes) in her Roll No.2266155029, and consequently direct the respondent to issue necessary certificate according to the eligibility category of the petitioner. Mhc ordered

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.07.2022

CORAM:

THE HON’BLE MR. JUSTICE ABDUL QUDDHOSE

W.P. No.19405 of 2022 and

WMP No.18711 of 2022

  1. Anjana …Petitioner

vs.

  1. The Government of India,

Rep. by it sSecretary,

Department of Health and Family Welfare,

Ministry of Health and Family Welfare,

Room No.348, Ä”Wing, Nirman Bhavan, New Delhi – 110 011.

  1. The National Board of Examinationsin Medical Science,

Rep. by its Joint Director (Medical),

Medical Enclave,

Ansari Nagar,

Mahatma Gandhi Marg, Ring Road,

New Delhi – 110 029.

  1. The Associate Dean for GraduateMedical Education,

Directorate General of Health Services,

Nirman Bhavan,

New Delhi – 110 001.

  1. The National Medical Commission,

Rep. by its Chairperson,

Sector 8, Pocket 14, Phase – I,

Dwarka,

New Delhi – 110 077.                                 …Respondents

Prayer  : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of  Mandamus, directing the respondents to forthwith change the category of the Petitioner from “General(UR)” to ÖBC”(Other Backward Classes) in her Roll No.2266155029, and consequently direct the respondent to issue necessary certificate according to the eligibility category of the petitioner.

For petitioner               :   Mr.K. Selvaraj

For respondents               :   Mr.R. Subramanian

ACGSC for R1 & R3

Mr.R. Thirunavukarasu for R2

Mr.Shubharanjani Ananth for R4

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

  1. R. Subramanian, learned Additional Central Government Standing Counsel accepts notice for the respondents 1 and 3; Mr.R.Thirunavukarasu, learned counsel accepts notice for the 2nd respondent and Mr.Shubharanjani Ananth, learned counsel accepts notice for the 4th respondent.
  2. This writ petition has been filed for a Mandamus seeking for a direction to forthwith change the category of the Petitioner from “General(UR)” to “OBC”(Other Backward Classes) in her Roll No.2266155029, and consequently direct the respondents to issue

necessary certificate according to the eligibility category of the petitioner, based on the petitioner’s representation dated 05.06.2022.

  1. Heard Mr.K. Selvaraj, learned counsel for the petitioner;

Mr.R.Subramanian, learned Additional Central Government Standing Counsel for the respondents 1 and 3; Mr.R.Thirunavukarasu, learned counsel  for the 2nd respondent and Mr.Shubharanjani Ananth, learned counsel  for the 4th respondent.

  1. The petitioner claims that by inadvertence, in her online application, she has mentioned her Community as General (UR) instead of Other Backward classes (OBC). She has written the NEET examination for the Post Graduate Medical courses.  The counselling is scheduled to take place on 01.08.2022.  According to the petitioner, due to the inadvertent mistake committed by her, in her online application, she is now considered under the General (UR) category instead of Other Backward Classes(OBC).  In such circumstances, she has given a representation to the respondents on 05.06.2022 requesting the 3rd respondent to consider her application under the OBC category.
  2. The learned counsel for the petitioner also drew the attention of this Court that in similar matters, a direction had been issued by this Court to the 3rd respondent to consider the request of the applicants after verification of the Community Certificates enclosed by them along with the representations.
  3. The petitioner has also enclosed her Community Certificate dated 24.11.2019 along with his writ petition, which discloses that she belongs to Other Backward Classes (OBC) category. A copy of the online application has also been filed along with this writ petition, wherein, she has mentioned inadvertently the category as General, instead of Other

Backward Classes.

  1. No prejudice would be caused to the respondents, if the petitioner’s representation referred to supra is considered on merits and in accordance with law by the respondents, within a time frame to be fixed by this Court.
  2. For the foregoing reasons, this Court directs the 3rd respondent to consider the request of the petitioner’s representation dated 05.06.2022 after verifying the Community Certificate that is stated to be enclosed with the aforesaid representation and if the same is in order, carry out the change in category of the petitioner from UR to OBC,  within a  period of one week from the date of receipt of a copy of this order.
  3. With the aforesaid direction, this writ petition stands disposed of. No costs.

27.07.2022

Note :  Issue order copy on 28.07.2022

Index: Yes/No

Internet: Yes/No

Speaking Order/Non-Speaking Order vsi2

ABDUL QUDDHOSE, J.

vsi2

To

  1. The Secretary,

The Government of India,

Department of Health and Family Welfare,

Ministry of Health and Family Welfare,

Room No.348, Ä”Wing, Nirman Bhavan, New Delhi – 110 011.

  1. The Joint Director (Medical),The National Board of Examinations in Medical Science, Medical Enclave,

Ansari Nagar,

Mahatma Gandhi Marg,

Ring Road,

New Delhi – 110 029.

  1. The Associate Dean for GraduateMedical Education,

Directorate General of Health Services,

Nirman Bhavan, New Delhi – 110 001.

  1. The Chairperson,

National Medical Commission,

Sector 8, Pocket 14, Phase – I,

Dwarka,

New Delhi – 110 077.

W.P. No.19405 of 2022

27.07.2022

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