Madras High Court
Harish vs The National Medical Commission on 3 December, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 WP(MD)No.13136 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 31.07.2024
Pronounced on : 03.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)Nos.13136, 14129 and 11989 of 2024
and
W.M.P.(MD)Nos.11639, 12406, 12408 & 10671 of 2024
W.P(MD)No.13136 of 2024:
Harish ... Petitioner
Vs.
1.The National Medical Commission,
Represented by its Chairperson,
Pocket 14, Sector 8, Dwaraka Phase – I,
New Delhi – 110 077.
2.The National Testing Agency,
Represented by its Senior Director NEET UG,
Under the Ministry of Human Resource Department,
C-20/1A/B, Sector 62, IITK Outreach Centre,
Noida – 201 309,
Uttar Pradesh.
3.The Secretary,
Selection Committee,
Directorate of Medical Education,
No.165, Periyar EVR High Road,
Kilpauk,
Chennai – 600 015.
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2 WP(MD)No.13136 of 2024
4.The District Collector,
Thoothukudi District.
5)Alagar Public School,
Represented by its Principal,
No.4/42/3, Muthammal Colony,
Thoothukudi. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 4 to publish
the key answer for N, M, O and P question series, by fixing the cut off
marks separately from other series question papers in selection of UG
MBBS Courses based on the representation submitted by petitioner's
father dated 17.05.2024.
For Petitioner : Mr.R.Balakrishnan
For Respondents : Ms.Shubharanjani Ananth for R.1
Mr.P.Karthick for R.2
Mr.M.Sarangan
Additional Government Pleader for R.4
W.P(MD)No.14129 of 2024:
1.R.Dinesh
2.Poornis Senthilnathan
3.P.Sarala
4.Vignesh Subramanian
5.S.Nalla Perumal
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3 WP(MD)No.13136 of 2024
6.Likhidha Raaji
7.A.Ajai Andrew
8.M.Praveen
9.R.Infant Jesudass
10.M.Prem Kumar
11.P.Umaselvi
12.C.Pon Yogesh ... Petitioners
Vs.
1.Union of India,
Represented by its Secretary,
Ministry of Education,
No.124-C,, Shastri Bhawan,
New Delhi.
2.The Senior Director,
Department of Higher Education,
Ministry of Education,
Government of India,
First Floor, NSIC – MDBP Building,
Okhla Industrial Estate,
New Delhi – 110 020.
3.The National Testing Agency,
Represented by its TSG, NEET Unit,
Additional Block,
C-20/1A/B, Sector 62,
Noida – 201 309,
Uttar Pradesh.
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4 WP(MD)No.13136 of 2024
4.The Secretary,
Selection Committee,
Directorate of Medical Education,
No.165, Periyar EVR High Road,
Kilpauk,
Chennai – 600 015.
5.The Secretary,
Tamil Nadu MGR Medical University,
No.914,, Poonamallee High Road,
Chennai – 600 106.
6.The District Collector,
Tuticorin District,
Tuticorin.
7.Alagar Public School,
No.4/42/3, Muthammal Colony,
Tuticorin.
8.Kamalavati Senior Secondary School,
Sahupuram,
Thoothukudi – 628 229. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Declaration, to declare the Results of National
Eligibility Cum Entrance Test (UG) 2024 dated 04.06.2024 as illegal
insofar as the petitioners concern and consequently for a direction,
directing the respondents to normalize the score and to reassess the
ranking of the petitioners and to conduct separate counseling for the
petitioner in National Eligibility Cum Entrance Test (UG) 2024 within
the time period stipulated by this Court.
For Petitioners : Mr.T.Aswin Raja Simman
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5 WP(MD)No.13136 of 2024
For Respondents : Mr.K.Govindarajan
Deputy Solicitor General of India for R.1
Mr.M.Sarangan
Additional Government Pleader for R.6
Mr.P.Karthick for R.6
W.P(MD)No.11989 of 2024:
R.Anusha ... Petitioner
Vs.
1.The National Medical Commission,
Represented by its Chairperson,
Pocket 14, Sector 8, Dwaraka Phase – I,
New Delhi – 110 077.
2.The National Testing Agency,
Represented by its Senior Director NEET UG,
Under the Ministry of Human Resource Department,
C-20/1A/B, Sector 62, IITK Outreach Centre,
Noida – 201 309,
Uttar Pradesh.
3.The Secretary,
Selection Committee,
Directorate of Medical Education,
No.165, Periyar EVR High Road,
Kilpauk,
Chennai – 600 015.
4.The District Collector,
Tuticorin District,
Tuticorin.
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5)Alagar Public School,
Represented by its Principal,
No.4/42/3, Muthammal Colony,
Tuticorin. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 4 to publish
the key answer for N, M, O and P question series, by fixing the cut off
marks separately from other series question papers in selection of UG
MBBS Courses based on the petitioner's representation dated
07.05.2024.
For Petitioner : Mr.P.Krishnasamy
For Respondents : Ms.Shubharanjani Ananth for R.1
Mr.P.Karthick for R.2
Mr.M.Sarangan
Additional Government Pleader for R.4
COMMON ORDER
Heard both sides.
2.The writ petitioners herein hail from Tuticorin. They all wrote the National Eligibility Cum Entrance Test (UG) 2024 conducted on 05.05.2024 at Alagar Public School / Kamalavati Senior Secondary School, Tuticorin. The test results were declared on 04.06.2024. The petitioners failed to secure the requisite cut off marks. https://www.mhc.tn.gov.in/judis 6/10 7 WP(MD)No.13136 of 2024
3.The stand of the petitioners is that the question paper issued to them was different from the question papers issued to the other examinees in the State of Tamil Nadu. To be precise, while the question papers given to others had code series Q, R, S, T. The question papers given to the petitioners herein bore the code M, N, O, P series. According to the petitioners, the questions in M, N, O, P series were not at all different from the ones found in Q, R, S, T series but also tougher. This according to them runs counter to the statutory mandate set out in Section 14 of the National Medical Commission Act, 2019. The petitioners have therefore approached this Court with the prayers mentioned supra.
4.Notice was issued and I heard the learned Deputy Solicitor General of India for Madurai Bench as well as the Standing Counsel for the National Medical Commission. It is conceded that due to communication gap, the lapse had occurred.
5.Section 14 of the National Medical Commission Act, 2019 states that there shall be a Uniform National Eligibility cum Entrance Test for admission to the undergraduate and postgraduate super- https://www.mhc.tn.gov.in/judis 7/10 8 WP(MD)No.13136 of 2024 speciality medical education in all medical institutions. Even though there is no difficulty in coming to the conclusion that there has been a breach of the statutory mandate, still it is not possible for this Court to grant relief to the petitioners herein. The legal maxim ubi jus ibi remedium may have to admit of exceptions in rare cases. The case on hand is one such.
6.The subject experts have given certificates of equivalence stating that 4 sets of question papers for National Eligibility Cum Entrance Test (UG) 2024 were prepared for each subject and that difficulty level among them is same and any perceived difference would be insignificant.
7.The Court is not an expert in the academic field and it has to necessarily go by the certificates issued by the subject experts. The National Eligibility Cum Entrance Test is conducted at all India level. As many as 23,33,162 candidates have written the test. Results have already been announced and the clock cannot be put back. If at the instance of the petitioners herein, interference is made, it would completely unsettle the process. The Court cannot lose sight of the larger picture. It is for this reason, relief has to be declined. https://www.mhc.tn.gov.in/judis 8/10 9 WP(MD)No.13136 of 2024
8.These Writ Petitions are dismissed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
03.12.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
To
The District Collector,
Thoothukudi District.
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10 WP(MD)No.13136 of 2024
G.R.SWAMINATHAN, J.
MGA
W.P(MD)Nos.13136, 14129 and 11989 of 2024 and W.M.P.(MD)Nos.11639, 12406, 12408 & 10671 of 2024 03.12.2024 https://www.mhc.tn.gov.in/judis 10/10