Madras High Court
Thara Chandrika vs Union Of India Represented By on 22 November, 2021
Author: M. Dhandapani
Bench: M. Dhandapani
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2021
CORAM
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
and
W.M.P.Nos. 25396,25398,25602, 25603,
25875,25876,25812,25874,25630 of 2021
Thara Chandrika,
. ..Petitioner in W.P.No.24494 of 2021
Rashmi Sathiah,
....Petitioner in W.P.No.24094 of 2021
Sushilkkumar,
.....Petitioner in W.P.No.24288 of 2021
k.Indumathi
....Petitioner in W.P.No.24313 of 2021
K.Muthukkannan,
....Petitioner in W.P.No. 24607 of 2021
Vs
1 . Union of India represented by
Secretary of Government,
Ministry of Human Resource Development,
New Delhi.
2. National Testing Agency,
National Eligibility-cum-Entrance test(UG) -2021
1
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
Rep by secretary
Department of Higher Education, MHRD
NSIC MDPP Building
Okal Industrial Estate Phase III,
New Delhi - 110 020
3. The Medical counseling Committee,
Rep. by it s Secretary,
All India Quota for Medical UG 2020,
Directorate General of Health Services,
Government of India,
Room No.348, A Wing,
NirmaBhavan, New Delhi.
4. The Directorate of Medical Education,
#162, Periyar EVR High Road,
Kilpauk, Chennai - 600 010
Chennai 600 056.
5. The National Medical Council,
Represented by its Secretary,
Pocket 14, Sector 8, Dwarka, New Delhi - 110 077
....Respondents in W.P.No.24494 & 24313 of
2021
1.Union of India,
Represented by its Secretary,
Ministry of Education,
New Delhi.
2.National Testing Agency,
Represented by its Chairperson,
C-20 1A/8, Sector 62
IITk Outreach Centre,
NOIDA - 201309
2
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W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
3.Medical Counseling Committee,
Reprented by Secretary,
Directorate General Health Services,
Government of India,
Room No.348, A Wing,
Nirman bhavan,
New Delhi
4. Directorate of Medical Education,
Represented by its Director,
No.162, EVR Periyar Salai, Kilpauk,
Chennai - 600 010
....Respondents in W.P.No.24094 of 2021
1. Union of India,
Represented by Ministry of Education,
Ministry of Health and Family Welfare,
Room No.201-D, Nirman Bhawan,
New Delhi -110 011.
2. Medical Council of India,
Porcket -14, Phase -I, Dada Dev Mandir Road,
Block p, Sector 8, Dwarka
New Delhi -110077
3. National Testing Agency,
Represented by its Chairman,
First Floor, NSIC-MDBP Building,
Okhla Industrial Estate,
New Dlhi -110020
4. The Secretary to Government,
Health Department,
Fort, St.George, Chennai,
3
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
5. The Directorate of Medical Education
Office of the Directorate of Medical Education,
Poonamallee High Road, Chennai - 600 010.
...Respondents in W.P.No.24288 of 2021
1.Union of India,
Ministry of Education,
Represented by its Secretary
Shastri bhawan,
New Delhi - 110 023
2. Union of India,
Ministry of Health and Family Welfare,
Represented by its Secretary,
Nirman Bhawan,
New Delhi-110 011
3. Union of India,
Ministy of Ayush
Represented by its Secretary,
Ayush Bhawan
B-Block, GPO Complex,
New Delhi-110 077.
4. National Medical Commission,
pocket 14, Sector 8, Dwarka Phase 1,
New Delhi - 110 077
5. National Testing Agency
Rep by its Chairperson
First Floor, NSIC - MDBP Building,
Okhla Industrial Estate,
New Delhi - 110 020
....Respondents in 24607 of 2021
4
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W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
Prayer in W.P.No. 24494 of 2021: Writ Petition filed under Article 226
of the Constitution of India praying for issuance of Writ of MANDAMUS
or any other appropriate Writ or Order or direction in the nature of Writ
directing the 2nd Respondent to award marks to the petitioner bearing
Roll No. 4115001458 Text booklet Code N5 to question No,s 80, 86, 87,
90 to 92,94, 96 to 98, 100 in National Eligibility cum Entrance Test (UG)
2021 held on 12.09.2021 and consequently issue a fresh score card by
placing the petitioner in appropriate place in the Rank List.
Prayer in W.P.No.24094 of 2021: Writ Petition filed under Article 226
of the Constitution of India praying for issuance or writ, order or direction
more particularly one in the nature of WRIT OF MANDAMUS directing
the 2nd respondent to manually re-total/re-check the NEET(National
Eligibility Cum Entrance Test) (UG-20210 OMR (Optical Mark Reader)
revising the rank list and consequently directing the 3rd/4th Respondent
to permit the Petitioner to participate in the counseling process.
Prayer in W.P.No.24288 of 2021: Writ Petition filed under Article 226
of the Constitution of India praying for issuance of Writ of Mandamus or
any other order or writ in the nature of Writ of Mandamus directing the
3rd Respondent to complete the Revaluation process in Respect of
Petitioner Roll No.4101108046 in the NEET exam conducted by the 3rd
Respondent on 12.09.2021, before the declaration of Main Result of the
said Exam.
5
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W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
Prayer in W.P.No.24313 of 2021: Writ Petition filed under Article 226
of the Constitution of India praying for issuance of writ of Certiorari
Mandamus, calling for the records from National Eligibility Cum Entrance
Test(UG) - 2021 Score card issued in the name of the petitioner dated
01.11.2021 and quash the same and issue directions to the 2nd
respondent declare the petitioner's result and as per first OMR answer
sheet uploaded on 15.10.2021 and issue consequential directions to the
3rd and 4th respondents to allow the participation of the petitioner in
counseling for admission to Medical Courses(UG) 2021 with reference to
576 out of 720 marks in NEET (UG) 2021 and accordingly provide her
admission to Medical Course(UG).
Prayer in W.P.No.24607 of 2021: Writ Petition filed under Article 226
of the Constitution of India praying for issuance of Writ of Mandamus
any other appropriate Writ, order or direction in the nature of writ of
Mandamus for a Direction, directing the 5th respondent/National Testing
Agency to set right the illegal, erroneous and patently discriminatory and
arbitrary score card dated 01.11.2021 in respect of M.Manikandan's
NEET (UG) 2021 Examination with Roll No.41122003006 and
Application No.210410299681 in so far as to factor the correct and
entitled total marks with corresponding total percentile of scores
comprising subjects viz.physics, chemistry, botany and zoology and to
factor the entitled All India Rank in corroboration, comparison and
reconciliation between the OMR Answer Sheet of Roll No.41122003006
6
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W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
and Application No.210410299681 and the answer keys provided for
Test Booklet N-5 as uploaded in the webpage of the 5th respondent/NTA
For Petitioners : Mr.R.N.Amarnath
Mr.E.Manoharan
Mr.V.Venkateswaran
Ms.Kanimozhi mathi
Mr.Thirumalai Rajagopal
For Respondents : Ms.Sunitha Kumari
(Senior Counsel)
Ms. U. Baranidharan
Additional Government Pleader
A.R.Sakthivel for R1
ORDER
Since, the prayer in all the writ petitions are one and the same and they are taken up together and disposed of by this common order. The prayer in all the writ petitions directing the respondents herein, namely National Testing Agency(NTA) to look over the results published on 01.11.2021 and to verify the marks secured by the petitioners and award the exact marks scored by the petitioners and direct the respondents to take appropriate action for discrepancy. It is the claim of the petitioners that as per the mark sheet downloaded by them are 7 https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021 entitled to more marks than what is awarded in the results.
2. Learned counsel for the petitioners requested this Court ro direct the respondents to produce the original mark sheet and to enable the candidates to verify as to the authenticity of the marks. Pursuant to the said request, this Court had issued a direction to the NTA to produce the original mark sheet and accordingly, NTA produced the original mark sheet before this Court and on perusal of the original mark sheet, it reveals that the original mark sheet and the downloaded mark sheet do not tally with each other.
3.Accordingly, in view of discrepancy in the downloaded mark sheet and the original mark sheet, this Court cannot adjudicate the same as it is a disputed question of fact, which cannot be gone into in the writ petition. Therefore, this Court not inclined to issue any direction as sought by the petitioners in the present writ petitions.
4. Accordingly, all the writ petitions are dismissed. However, it is made clear that citing the mark sheet downloaded by the petitioner, NTA 8 https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021 cannot debar the students from participating in the future examinations.
5.With the above directions, the present writ petitions are dismissed and the connected miscellaneous petitions also dismissed.
22.11.2021
Index : Yes/No
Sma
To
1. Union of India represented by Secretary of Government, Ministry of Human Resource Development, New Delhi.
2. National Testing Agency, National Eligibility-cum-Entrance test(UG) -2021 Rep by secretary Department of Higher Education, MHRD NSIC MDPP Building Okal Industrial Estate Phase III, New Delhi - 110 020
3. The Medical counseling Committee, Rep. by it s Secretary, All India Quota for Medical UG 2020, Directorate General of Health Services, 9 https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021 Government of India, Room No.348, A Wing, NirmaBhavan, New Delhi.
4. The Directorate of Medical Education, #162, Periyar EVR High Road, Kilpauk, Chennai - 600 010 Chennai 600 056.
5. The National Medical Council, Represented by its Secretary, Pocket 14, Sector 8, Dwarka, New Delhi - 110 077
6.Union of India, Represented by its Secretary, Ministry of Education, New Delhi.
7.National Testing Agency, Represented by its Chairperson, C-20 1A/8, Sector 62 IITk Outreach Centre, NOIDA - 201309
8. Medical Council of India, Porcket -14, Phase -I, Dada Dev Mandir Road, Block p, Sector 8, Dwarka New Delhi -110077
9. The Secretary to Government, Health Department, Fort, St.George, Chennai, 10 https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
10. The Directorate of Medical Education Office of the Directorate of Medical Education, Poonamallee High Road, Chennai - 600 010.
11. Union of India, Ministry of Ayush Represented by its Secretary, Ayush Bhawan B-Block, GPO Complex, New Delhi-110 077.
11https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021 M. DHANDAPANI, J.
Sma W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021 and W.M.P.Nos. 25396,25602, 25603, 25398,25875,25876,25812,25874,25630 of 2021 Dated : 22.11.2021 12 https://www.mhc.tn.gov.in/judis