Judge r.sureshkumar, madurai bench Yesterday night 9 p.m., hearing. Order delivered by 1 a.m. congrats sir tks sir ist time in the history of madras high court full order of WMP(MD) No.13418 of 2021 in WP(MD)No.16538 of 2021 R.SURESH KUMAR, J ORDER As per the affidavit averments filed in support of this petition as well as the main writ petition, the petitioner’s daughter V.Shanmugapriya has completed Higher Secondary

[9/12, 14:32] Sekarreporter: WMP(MD) No.13418 of 2021
in
WP(MD)No.16538 of 2021
R.SURESH KUMAR, J
ORDER
As per the affidavit averments filed in support of this petition as well as the main writ
petition, the petitioner’s daughter V.Shanmugapriya has completed Higher Secondary
Examination in the academic year 2020-2021, she had already secured 92.8% of marks in
SSLC examination and she has also secured 91.54% of marks in Higher Secondary
Examination.
2.Since her ambition is to become a Doctor, the petitioner claimed that, she prepared
well for the ensuing NEET Examination to be conducted by the respondent namely National
Testing Agency. The respondent had announced NEET (UG) – 2021 examination and invited
applications from eligible students to apply through online. The petitioner’s daughter also
applied for the NEET (UG) – 2021 examination through the Web-site administered by the
respondent and as per the instructions, she uploaded all the particulars and documents and
also paid necessary fee. The respondent had assigned to the petitioner’s daughter’s application
No210410674516 and also issued a print out containing the particulars in the said application
uploaded by the respondent.
3.According to the schedule issued by the respondent, the NEET UG 2021 examination
would be conducted on 12.09.2021 ie., tomorrow, throughout the country.
4.In this regard, the Admit Card (Hall Ticket) had been uploaded by the respondent in
their website which can be downloaded by every candidate and it is to be noted that the Admit
Card would not be sent to any candidate directly by the respondent.
5.It is the further case of the petitioner that when the petitioner’s daughter downloaded
the Admit Card with application No.210410674516, the petitioner’s daughter found shockingly
that in the Admit Card issued by the respondent to the petitioner’s daughter though her roll
number as well as her name etc., are correctly matching, however, instead of the petitioner’s
daughter photograph yet another candidate namely, one Alex Pandian’s photograph has been
pasted along with the signature of the said Alexpandian and hence, on downloading the Admit
Card of the petitioner’s daughter, the Admit Card of the petitioner’s daughter has come out with
the photograph of the said Alex Pandian with his signature.
6.However, insofar as the other particulars pertaining to the petitioner’s daughter namely
Roll Number, Candidate’s name, gender, category, application number, father’s name, etc.,
have been given correctly which are matching with the particulars of the petitioner’s daughter
given at the time of uploading the petitioner’s daughter’s application.
7.Since this mistake has occurred, where, except the photograph and the signature of the
petitioner’s daughter since all other particulars are correct, in order to rectify the same, it is
claimed by the petitioner that, the petitioner’s daughter though tried to contact the respondent
through the phone number given by them in their website (ie., 011-69227700 and 40759000),
however, the petitioner’s daughter could not reach them and there was no response from the
respondent’s end, when such an attempt through phone call was made on the given number.
8.However, as per the instructions given in the Admit Card, since the examination is
scheduled to be conducted on 12.09.2021 ie., tomorrow between 2.00 – 5.00 p.m., for which the
candidate must report at the examination centre/Hall at about 11.00 a.m., and while reporting to
the Hall, the candidate must bring the Admit Card along with self-declaration having passport
[9/12, 14:33] Sekarreporter: size photograph affiixed on the designated space ie., page-2 downloaded from the NTA web-
site dully filled, the petitioner on behalf of the petitioner’s daughter apprehends that certainly the
petitioner’s daughter would not be permitted by the Superintendent or in-charge person of the
centre where the petitioner is to write the examination and allow the petitioner’s daughter to
write the examination, because, the photograph and signature in the Admit Card of the
petitioner’s daughter has mistakenly got changed with another candidate’s name and signature
viz., M.Alexpandian.
9.How this mistake has occurred is not known to the petitioner or his daughter.
Therefore, Mr.M.Saravanan, learned counsel appearing for the petitioner having reiterated the
aforesaid facts would further submit that, though best efforts have been taken on behalf of the
petitioner to contact the respondent through the phone number given in the web-site, the
petitioner or his daughter could not succeed in their attempts. However, with the downloaded
Admit Card belonged to the petitioner, if she goes tomorrow to the exam hall, certainly, there will
be an objection from the staff or the Superintendent or in-charge of the exam hall on behalf of
the respondent, because, there is a change of photograph and signature in the Admit Card.
10.Since the petitioner’s daughter is one of the bright students having secured higher
marks both in the SSLC and Plus Two examinations and NEET UG 2021 is the only
examination through which the petitioner’s daughter can explore the possibility of getting
admission in medical courses throughout the country, the learned counsel seeks indulgence of
this court by granting urgent ad-interim order of direction to the respondent to permit the
petitioner’s daughter to write the ensuing examination to be conducted tomorrow.
11.Heard. Mrs.B.Deepa. learned Central Government Standing Counsel for the
respondent, who submitted that, even though she made sincere efforts to get instructions at
least over phone from the concerned official of the respondent ie., National Testing Agency,
because of the late hours, she was not able to contact any one and to get any instructions.
12.She would further submit that, if at all the petitioner or his daughter properly uploaded
the photograph and signature of the petitioner’s daughter, certainly this kind of mismatching
would not have occurred. However, since the mistake has been committed whether it is at the
end of the petitioner’s daughter or at the respondent cannot be unearthed at this last moment.
Therefore, with this mixed particulars of Admit Card normally the concerned officials, who in-
charge of the exam hall will not permit the candidate to writ the examination, she contended.
13.I have heard the rival submissions made by the learned counsel appearing for the
parties and have perused the materials placed before this Court.
14.The petitioner’s daughter has uploaded the application in the present format through
online, where, all the particulars have been given by her. An application number has also been
generated ie., application No.210410674516. Based on this number only now the petitioner’s
daughter is able to download the Admit Card and when the Admit Card of the petitioner’s
daughter was downloaded, all other particulars referred to above are matching with the
particulars of the petitioner’s daughter except the photograph and signature.
15.On perusal of the downloaded copy of the Admit Card of the petitioner’s daughter,
which has been annexed in the typed set of papers, one can easily find that, the roll number,
candidate’s name, gender, category, application number, father’s name, date of birth and all
particulars are matching with the particulars of the petitioner and absolutely there is no change
in it. Therefore, we can prima facie take it that it is an Admit Card of the petitioner’s daughter
namely, V.Shanmugapriya. However, strangely, the photograph and the signature mentioned
therein have been changed once as if that the photograph of one male candidate namely
M.Alexpandian with his signature.
16.Therefore, in an Admit Card belonging to the female candidate viz.,
V.Shanmugapriya, there could be no chance of pasting the photograph and signature of a male
[9/12, 14:33] Sekarreporter: candidate by name M.Alexpandian. Therefore, this kind of mistake could not be emanated from
the candidate, ie., petitioner’s daughter and therefore, this might have occurred only at the
respondent end. The reason for such a mistake cannot be unearthed at this moment as there is
no further instructions from the respondent at this stage as has been submitted by the learned
Central Government Standing Counsel for the respondent.
17.However, insofar as the present interim relief of ad-interim direction is concerned,
since the examination is scheduled to be conducted tomorrow ie., on 12.09.2021 for which the
candidate must report the examination centre at 11.00 a.m., tomorrow. When that being so, it
cannot be expected that the said mistake can get it rectified from the respondent by contacting
them as it is thoroughly impossible at this movement.
18.Moreover, it is to be noted that, as has been averred in the affidavit filed on behalf of
the petitioner’s daughter by her father, the petitioner’s daughter is one of the bright students as
she secured 92.8% of marks in SSLC examination and 91.54% of marks in Higher Secondary
Examination.
19.Therefore, if no chance is given for the petitioner’s daughter to write NEET 2021
examination, certainly, it will be a havoc to the life and career of the petitioner’s daughter as she
being one of the bright students, all her ambitious move would get shattered if immediate
indulgence is not shown by this Court.
20.Moreover, the afore-stated facts and circumstances has disclosed a prima face facts
and also if any such interim indulgence is shown by this Court as prayed for, certainly no
prejudice would be caused to the respondent. However, if no such indulgence is shown,
certainly great prejudice will be caused to the petitioner’s daughter.
21.In view of all these afore-stated facts and circumstances and discussions hereinabove
made, this Court is inclined to grant the following interim order:
“There shall be an interim direction, directing the respondent, his subordinates, in-
charge persons including the Supervisors, Staff or in-charge persons or persons at the
Examination Center viz., Solamalai College of Engineering, S.V.Raja Nagar, Veerapanjan,
Sivagangai Road, Near Auro Lab, Madurai, to permit the petitioner’s daughter viz.,
V.Shanmugapriya with Roll No.4106008056 with application No.210410674516 to participate
and write the NEET UG 2021 Examination to be held on 12.09.2021 between 2.00 pm., and
5.00 p.m. without expressing any reservation or objection merely because in the Admit Card of
the petitioner’s daughter, the photograph and signature of one M.Alexpandian has been
mistakenly shown instead of the petitioner’s daughter V.Shanmugapriya.
It is made clear that in this regard all other requirements as has been stated by
way of instructions for candidate as annexed to the Admit Card shall be complied with by the
petitioner’s daughter.
The respondent shall punctually execute this order and it is open to the
respondent to file any objections or counter in the main writ petition at the earliest for which two
weeks time is granted.
Hence, post the matter on 27.09.2021”.
11.09.2021
mpk (2/2)
R.SURESH KUMAR ,J.
mpk

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