Delhi High Court - Orders
Dr Sudha Reddy Beravolu & Anr vs Union Of India & Anr on 6 October, 2021
Author: Jyoti Singh
Bench: Chief Justice, Jyoti Singh
$~25 & 26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
25
+ W.P.(C) 11146/2021
DR SUDHA REDDY BERAVOLU & ANR. ..... Petitioners
Through Mr.Shivendra Singh, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr. P.S. Singh, Advocate for R-1.
Mr. Kirtiman Singh, Mr.Waize Ali Noor, Mr.Taha
Yasin and Ms.Srirupa Nag, Advocates for
R-2/NBE.
26
+ W.P.(C) 11173/2021
DR AKKINENI KRISHNA PRASAD ..... Petitioner
Through Mr.Shivendra Singh, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through Mr. Vivek Goyal, Central
Government Standing Counsel for R-1.
Mr. Kirtiman Singh, Mr.Waize Ali Noor, Mr.Taha
Yasin and Ms.Srirupa Nag, Advocates for
R-2/NBE.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 06.10.2021 CM APPL. 35355/2021 (Exemption) in W.P.(C) 11146/2021 CM APPL. 35360/2021 (Exemption) in W.P.(C) 11173/2021 Allowed, subject to all just exceptions.
Applications stand disposed of.
CM APPL. 35354/2021 (Exemption from filing attested affidavits) in W.P.(C) 11146/2021 W.P.(C) 11146/2021 and connected matter Page 1 of 5 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:11.10.2021 14:33:14 CM APPL. 35359/2021 (Exemption from filing attested affidavits) in W.P.(C) 11173/2021 For the reasons stated in the applications and in view of the present prevailing situation, the present applications are allowed. However, the applicants are directed to file duly signed and affirmed affidavits within a period of one week from the date of resumption of regular functioning of the Court.
Applications stand disposed of.
CM APPL. 35353/2021 (Urgent direction) in W.P.(C) 11146/2021 CM APPL. 35358/2021 (Urgent direction) in W.P.(C) 11173/2021 Issue notice.
Mr. P.S. Singh, learned counsel accepts notice on behalf of Respondent No. 1 in W.P.(C) 11146/2021.
Mr. Vivek Goyal, learned Central Government Standing Counsel accepts notice on behalf of Respondent No. 1 in W.P.(C) 11173/2021.
Mr. Kirtiman Singh, learned counsel accepts notice on behalf of Respondent No. 2 in both the writ petitions.
With consent of learned counsels appearing on behalf of both the parties, these applications are being taken up in view of the urgent reliefs sought therein.
Present Civil Miscellaneous Applications No. 35353/2021 and 35358/2021 have been filed by the Petitioners for permitting them to register on the portal of Respondent No.2/NBE forthwith as the last date for application is 12.10.2021 and also for a direction to permit them to appear in the examination NEET-SS 2021 scheduled on 13.11.2021 and 14.11.2021.
W.P.(C) 11146/2021 and connected matter Page 2 of 5 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:11.10.2021 14:33:14Petitioners in W.P.(C) 11146/2021 are Overseas Citizens of India (OCI Card Holders), who have cleared Bachelor of Medicine and Bachelor of Surgery (MBBS) and MS (General Surgery) in India. Petitioners aspire to pursue Super Speciality Course (M.Ch. Course in Neurosurgery in case of Petitioner No.1 and M.Ch. Course in Plastic Surgery in case of Petitioner No.2) in India and claim to have worked hard towards it.
Petitioner in W.P.(C) 11173/2021 is Overseas Citizen of India (OCI Card Holder), who has cleared Bachelor of Surgery (MBBS) and MD (General Medicine) in India. Petitioner aspires to pursue Super Speciality Course (DM Cardiology) in India and claims to have put hours of labour behind it.
Petitioners have challenged para 4(ii) of the Notification dated 04.03.2021, issued by the Ministry of Home Affairs, more particularly Proviso thereto, as per which an OCI Card Holder is not eligible for admission against any seat reserved exclusively for Indian citizens. Petitioners are also aggrieved by para 3.6 of the Information Bulletin published by Respondent No.2/NBE, which lays down the eligibility criteria. The grievance is that there is no reservation in Super Speciality Courses and consequently, no separate NRI quota for an OCI candidate, like the Petitioners, to compete. This effectively prevents the Petitioners from even appearing in NEET-SS 2021 and the Petitioners have been virtually declared ineligible by virtue of clause 3.6.
Learned counsel appearing on behalf of the Petitioners prays for an interim relief, pending the adjudication of the present petitions, to the extent of permitting the Petitioners to submit their online application, in the interest W.P.(C) 11146/2021 and connected matter Page 3 of 5 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:11.10.2021 14:33:14 of justice and on equitable considerations so that the writ petitions are not rendered infructuous.
We have heard learned counsels appearing on behalf of the parties and have looked into the facts and circumstances of the case.
Having heard the learned counsels for the parties and having perused the pleadings in the writ petitions, we find that the Petitioners in W.P. (C) No. 11146/2021 have done major part of their schooling from India. Being OCI Card holders, Petitioner No. 1 and Petitioner No. 2 have completed their MBBS from Kasturba Medical College, Manipal, Karnataka and Sri Ramachandra Medical College and Research Institute, Chennai respectively. In 2018, Petitioners joined MS (General Surgery), after clearing NEET-PG 2018, conducted by Respondent No. 2/NBE. Petitioner in W.P. (C) 11173/2021 has done major part of his schooling from India. As an OCI Card Holder, Petitioner has completed his MBBS from G.S.L. Medical College, Rajahmundry, Andhra Pradesh. In 2018, Petitioner joined MD (General Medicine), in the prestigious Andhra Medical College, King George Hospital, Visakhapatnam, Andhra Pradesh, after clearing NEET-PG 2018, conducted by Respondent No.2/NBE. However, by virtue of the impugned Notification and the provisions of the Information Bulletin, Petitioners are currently ineligible to apply for the Super Speciality Course.
We are of the view that if the Petitioners in both the aforesaid writ petitions are not permitted to apply online for NEET-SS 2021 examination, for which the cut-off date is 12.10.2021, to be conducted by Respondent No.2, irreparable harm shall be caused to the Petitioners and the petitions shall be rendered infructuous. We, therefore, deem it appropriate to grant W.P.(C) 11146/2021 and connected matter Page 4 of 5 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:11.10.2021 14:33:14 interim relief to the Petitioners in both the aforesaid petitions and accordingly permit them to prefer online applications for NEET-SS 2021 examination, for which the last date for submitting the online applications is 12.10.2021. We, further, direct the Respondents to accept the online applications of these Petitioners for NEET-SS 2021 examination.
Needless to state that the acceptance of the online applications by Respondent No.2 shall be without prejudice to its rights and contentions in the present petitions and shall not amount to waiver of any objection that it may raise, in defence to the writ petitions and shall not be treated as admission of any averment made on behalf of the Petitioners.
It is made clear that the applications preferred by the Petitioners shall be subject to the outcome of the writ petitions and no equity shall be claimed by the Petitioners at the stage of final hearing of the petitions, on the ground that they have been permitted to apply for the examination.
With these observations, the Civil Miscellaneous Applications No.35353/2021 and 35358/2021 are hereby disposed of. W.P.(C) 11146/2021 W.P.(C) 11173/2021 These petitions are adjourned to 22.10.2021.
The date of 11.10.2021, already fixed, stands cancelled. These writ petitions shall be heard along with W.P. (C) No.9932/2021 on 22.10.2021.
CHIEF JUSTICE JYOTI SINGH, J OCTOBER 06, 2021/rk W.P.(C) 11146/2021 and connected matter Page 5 of 5 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:11.10.2021 14:33:14