Sabareesh Rajan Disha Joshi Sonam ... vs National Testing Agency & Ors on 13 May, 2022

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Delhi High Court - Orders

Sabareesh Rajan Disha Joshi Sonam ... vs National Testing Agency & Ors on 13 May, 2022

Bench: Rekha Palli

                          $~54 to 57
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 12251/2021
                          +     W.P.(C) 12268/2021
                          +     W.P.(C) 12285/2021
                          +     W.P.(C) 12332/2021

                                 SABAREESH RAJAN
                                 DISHA JOSHI
                                 SONAM
                                 RIMJHIM GOSWAMI                                    ..... Petitioners
                                              versus
                                 NATIONAL TESTING AGENCY & ORS.                     ..... Respondents

                                 Appearances:
                                 For petitioners:
                                 Mr.Ravi Kumar & Mr.Rohit Pratap Singh, Advs.

                                 For respondents:
                                 Ms.Seema Dolo, Adv. for NTA
                                 Mr.T.Singhdev, Mr.Abhijit Chakravarty,         Mr.Bhanu Gulati &
                                 Ms.Michelle B Das, Advs. for R-4

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                               ORDER

% 13.05.2022 CM APPL. 23070/2022 (directions) in W.P.(C) 12251/2021. CM APPL. 23064/2022 (directions) in W.P.(C) 12268/2021. CM APPL. 23067/2022 (directions) in W.P.(C) 12285/2021. CM APPL. 23065/2022 (directions) in W.P.(C) 12332/2021.

1. The present applications have been filed by the petitioners interalia seeking a direction to respondents to grant admission to them in the MBBS course in the next academic session in any institution under the administrative control of the respondent no.1 & 4.

Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.05.2022 18:12:09

2. Learned counsel for the petitioner submits that a perusal of the OMR sheets which were produced by the respondent no.1 before the learned Joint Registrar makes it clear that the OMR sheets have been changed by the respondents. He submits that the petitioners who have been denied admission in the MBBS course in the academic session 2021- 22, on account of this tampering of the record by the respondents are therefore, entitled to be granted admission in the MBBS course in the next academic session without being compelled to once again appear in the NEET UG exam.

3. Learned counsel for the respondents vehemently oppose the applications by submitting that the OMR sheets produced before the learned Joint Registrar are original OMR sheets of the petitioners and there has been no tampering whatsoever thereof. They further submit that in any event, this ground of the change in the OMR sheets as raised by the petitioners is a disputed question of fact which cannot be determined in the writ petition. They, therefore, pray that the writ petitions as also the applications be disposed of.

4. Having considered the submissions of the parties, I find absolutely no merit in the present applications. These applications are premised on the petitioners' belief that the OMR sheets were in fact changed by the respondents. This allegation has neither been established nor can be established in these proceedings without evidence including expert evidence being led in this regard. Even otherwise merely because the colour of the OMR sheets may have faded with the passage of time, it cannot be said that the OMR sheets have been actually changed or tampered. Therefore, the prayer of the petitioners for grant of Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.05.2022 18:12:09 admission in this academic session on the basis of their purported performance in the NEET UG exam cannot be accepted.

5. The applications being wholly misconceived are, accordingly, dismissed.

W.P.(C) 12251/2021, W.P.(C) 12268/2021, W.P.(C) 12285/2021 & W.P.(C)12332/2021

6. On the last date, the matter was directed to be listed before the learned Joint Registrar so that the original OMR sheets can be produced by the respondents for perusal by the learned counsel for the petitioners. No direction was however issued either for taking the said OMR sheets on record or for the learned Joint Registrar to record the submissions of the learned counsel for the petitioners in respect of his observations on the OMR sheets. The OMR sheets have however been taken on record and the submissions of the parties qua the OMR sheets have been recorded by the learned Joint Registrar, may be under a mistaken belief. Be that as it may, since the OMR sheets have now been placed on record, this Court will, on the next date, consider passing appropriate orders regarding the maintainability of the writ petition or granting any relief to the petitioner after perusing the said OMR sheets.

7. List on the date already fixed i.e. 08.07.2022, on which date the Registry will ensure that the OMR sheets and all other accompanying documents which have been taken on record pursuant to the order passed by the learned Joint Registrar are produced before the Court.

8. In the meanwhile, the petitioners who have already filled their application form for the NEET UG exam, 2022 may, without Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.05.2022 18:12:09 prejudice to their rights and contentions in the present petitions, appear in the said exam.

REKHA PALLI, J MAY 13, 2022 kk Signature Not Verified Digitally Signed By:GARIMA MADAN Signing Date:13.05.2022 18:12:09

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Delhi High Court - Orders