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, 25603,25629
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) -2020
Rep by secretary
Department of Higher Education, MHRD
NSIC MDPP Building
Okal Industrial Estate Phase III,
New Delhi - 110 020
1
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
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. 24313 of 2021
1 . Union of India represented by
Secretary to Government,
Ministry of Health and Family Welfare,
New Delhi.
2. National Testing Agency,
(National Eligibility cum Entrance
Test UG 2020)
Department of Higher Education,
MHRD, C-20, 1A/8, IITK Outreach Centre,
Sector 62, Noida,
Uttar Pradesh - 201039.
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,
2
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
Room No.348, A Wing, NirmaBhavan,
New Delhi.
4. The Directorate of Medical Education,
#162, Periyar EVR High Road,
Kilpauk, Chennai - 600 010
5. The National Medical Council,
Represented by its Secretary, Pocket 14,
Sector 8, Dwarka, New Delhi - 110 077
...Respondents in W.P.No.24494 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
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
3
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 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,
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 - 110 011
2. Union of India,
Ministry of Health and Family Welfare,
Represented by its Secretary,
4
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
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-110 023.
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
6.State of Tamil Nadu
Represented by The Secretary
Health and Family Welfare Department
Fort.St.George, Chennai - 600 009.
7. The Director
Public Health and Preventive Medicine
Directorate of Health Services
359 Anna Salai
Teynampet
Chennai - 600 006.
....Respondents in 24607 of 2021
5
https://www.mhc.tn.gov.in/judis
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 Nos. 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)
Answer Sheet of the Petitioner based on the Answer key published on
15.10.2021, revising the rank list and consequently directing the 3rd/4th
Respondent to permit the Petitioner to participate in the counselling
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
6
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
said Exam.
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 answer keys
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.4112003006 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
7
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
reconciliation between the OMR Answer Sheet of Roll No.4112003006
and Application No.210410299681 and the answer keys provided for
Test Booklet N-5 as uploaded in the webpage of the 5th respondent/NTA
W.P.No.24494 of 2021
For Petitioner : Mr.R.N.Amarnath
For Respondent R1: M/s.A.R.Sakthivel
Senior Panel Counsel
Central Government Counsel
For Respondent R2: M/s.Sunitha Kumari
Senior Counsel
For Respondent R3: No appearance
For Respondent R4: U.Baranidharan
Additional Government Pleader
For Respondent R5: M/s.Shubharanjani Ananth
W.P.No.24094 of 2021
For Petitioner : Mr.E.Manoharan
For Respondent R1: Mr.K.Srinivasa Murthy
Senior Panel Counsel
For Respondent R2: M/s.Sunitha Kumari
Senior Counsel
For Respondent R3: No appearance
For Respondent R4: U.Baranidharan
Additional Government Pleader
W.P.No.24313 of 2021
For Petitioner : Ms.Kanimozhi Mathi
For Respondent R1: No appearance
For Respondent R2: M/s.Sunitha Kumari
8
https://www.mhc.tn.gov.in/judis
W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
Senior Counsel
For Respondent R3: No appearance
For Respondent R4: U.Baranidharan
Additional Government Pleader
For Respondent R5: M/s.Shubharanjani Ananth
W.P.No.24607 of 2021
For Petitioner : Mr.R.N.Amarnath
For Respondent
(R1 to R3) : Ms.Sunitha Kumari
Senior Counsel
For Respondent R4: U.Baranidharan
Additional Government Pleader
For Respondent
(R5 to R7) : No appearance
W.P.No.24288 of 2021
For Petitioner : Mr.K.Venkateswaran
For Respondent R1: Mr.P.G.Santhosh Kumar
For Respondent R2: M/s.Shubharanjani
For Respondent R3: M/s. Sunitha Kumari
Senior Counsel for R3
For Respondent R4: U.Baranidharan
Additional Government Pleader
For Respondent R5: No appearance
COMMON O R D E R
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 9 https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021 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 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.
10https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
4. Accordingly, all the writ petitions are dismissed. However, it is made clear that citing the mark sheet downloaded by the petitioner, NTA 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 11 https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
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
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 12 https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021
9. The Secretary to Government, Health Department, Fort, St.George, Chennai,
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.
M. DHANDAPANI, J.
13https://www.mhc.tn.gov.in/judis W.P. Nos. 24494,24094,24288,24313 & 24607 of 2021 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 14 https://www.mhc.tn.gov.in/judis