Delhi High Court - Orders
Dr. Surya Priya vs Director General Of Health Services And ... on 29 August, 2022
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11135/2022 & CM APPL. 32677/2022
DR. SURYA PRIYA ..... Petitioner
Through: Mr. Yash Pratap Singh and Mr.
Anupam Seth, Advocates
versus
DIRECTOR GENERAL OF HEALTH SERVICES
AND ORS .... Respondents
Through: Mr. Mohan Shyam, Advocate and Mr.
Prashant Rawat, GP for R-1 & 2.
Mr. T. Singhdev, Mr. Abhijeet
Chakrawarty, Ms. Sumangla Swami
and Mr. Michelle B. Das, Advocates
for R-3/NMC.
Mr. Kirtiman Singh, Ms. Kunjala
Bhardwaj, Mr. Madhav Bajaj and Mr.
Yash Upadhyay, Advocates for R-4.
Mr. Manish Mohan, CGSC with Mr.
Devendra Kumar and Ms. Priti,
Advocates for UOI.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 29.08.2022
1. Petitioner, an aspirant of NEET-PG Examination, 2022, is stated to have made a "bonafide mistake" in filling-up her category in the NEET-PG 2022 application form and seeks a direction to change her category from 'General' to 'OBC'. Petitioner hails from Vannia Kula Kshatriya caste (which is recognised as 'Most Backward Class' in Tamil Nadu). Reliance is placed on Petitioner's Community Certificate [Annexure P-1] and 'the Central List of OBCs of National Commission of Backward Classes' Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:29.08.2022 19:09:15 [Annexure P-2] to state that her caste indeed falls in the OBC category.
2. Mr. Yash Pratap Singh, counsel for the Petitioner, submits that the Petitioner inadvertently filled-up her category as 'General' instead of 'OBC', owing to the lack of clarity in instructions. Further, reliance has also been placed on orders passed by High Court of Madras in L. Anjana v. the Government of India & Ors.,1 R. Rithika v. Government of India & Ors.,2 A. Adarsh & V.S. Gayathri v. National Testing Agency,3 wherein such requests have been allowed, without causing prejudice to rights of other students/ candidates.
3. Considering the above, it appears that no prejudice is likely to be caused to Respondents, in case Petitioner is allowed to change her category from 'General' to 'OBC', especially when she is stated to have qualified the NEET-PG 2022 Examination in her category. The Court also takes note that there is already a representation dated 4th June, 2022 made by the Petitioner
- which is still pending consideration.
4. To this, Mr. Kirtiman Singh, counsel for Respondent No. 4 [National Board of Examinations in Medical Sciences], while disputing the afore- noted submissions, very fairly states that said representation would be decided within the time to be fixed by this Court.
5. Accordingly, Respondents No. 1 and 2 are directed to decide the representation in light of the suggestions made in the representation and the case laws noted above, within three days.
6. Mr. Yash Pratap Singh is directed to handover a paper copy of the representation dated 04th June, 2022 to the counsel for Respondents today 1 W.P. No. 19405/2022 dated 27th July, 2022.
2W.P. No. 27127/2011 dated 17th December, 2021.
Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:29.08.2022 19:09:15itself. He further states that although Petitioner currently does not have the OBC (Non-Creamy Layer) Certificate in terms of the Central List of OBCs; she would produce the same at time of verification of documents.
7. Re-notify on 02nd September, 2022.
SANJEEV NARULA, J AUGUST 29, 2022/rk 3 W.A. No. 1109 & 1110/2020 dated 11th December, 2020.
Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:29.08.2022 19:09:15