Nivetha vs Director General Of Health Services And ... on 3 November, 2022

[Cites 5, Cited by 0]

Delhi High Court - Orders

Nivetha vs Director General Of Health Services And ... on 3 November, 2022

Bench: Sanjeev Narula

$~70 & 71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15208/2022
NIVETHA ..... Petitioner
versus

DIRECTOR GENERAL OF HEALTH SERVICES AND ORS
..... Respondents
With

+ W.P.(C) 15213/2022
AMISHA KUMARI ..... Petitioner
versus

DIRECTOR GENERAL OF HEALTH SERVICES AND ORS.
..... Respondents

Through: Mr. Ankit Kishore and Ms. Stuti
Wason, Advocates for Petitioners.
Ms. Seema Dolo, Advocate for R-4.
Mr. T. Singhdev, Mr. Abhijit
Chakravarty, Mr. Ramanpreet Kaur,
Mr. Bhanu Gulati and Ms. Michelle
B. Das, Advocates for R-2 & 3.
Mr. Vineet Dhanda, CGSC with
Ms. Avshreya Pratap Singh and
Mr. Hussain Adil Taqvi, Advocates
for UOI.
Ms. Sarika Singh, SPC with
Ms. Avshreya Pratap Singh,
Advocates for UOI.
Mr. Apoorv Kurup, Ms. Nidhi Mittal
and Ms. Damini Garg, Advocates for
R-4.

Signature Not Verified
Digitally Signed W.P.(C) 15208/2022 & W.P.(C) 15213/2022 Page 1 of 5
By:SAPNA SETHI
Signing Date:09.11.2022
16:25:17
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER

% 03.11.2022

1. Petitioners, who appeared in NEET (UG) 2022 examination held on 17th July 2022, after declaration of results on 07th September 2022, seek directions to Respondents to change their category from 'General' to 'OBC' for the afore-said examination, and consequent permission to participate in the counselling process under the said category.

2. Considering the identical reliefs sought and commonality of grounds of challenge, a common order is being passed.

3. In W.P.(C.) 15208/2022, Petitioner belongs to 'Parvatha Rajakulam' community, which is recognized as 'Extreme Backward Class'/'EBC' by the government of Puducherry, and the Petitioner has a certificate to that effect dated 14th September 2022. In W.P.(C.) 15213/2022, Petitioner belongs to 'Dhanuk' community, which is recognized as 'Extreme Backward Class'/'EBC' by the state of Bihar, and Petitioner has a certificate to that effect dated 14th September 2022. Both these communities also fall under the Central List of OBCs issued by the National Commission for Backward Classes.

4. It is the case of the Petitioners that while filling the application form, since there was no category called 'EBC', the Petitioners inadvertently selected the 'General' category instead of 'OBC'.

Signature Not Verified Digitally Signed W.P.(C) 15208/2022 & W.P.(C) 15213/2022 Page 2 of 5 By:SAPNA SETHI Signing Date:09.11.2022 16:25:17

5. The Petitioners scored 116 and 109 marks out of 720, respectively. They also made separate (but nearly-identical) representations, both dated 17th October, 2022, where, relying on decisions of Madras High Court,1 they requested DGHS for conversion of category from General (UR) to OBC, but to no avail. In such circumstances they have approached this Court.

6. Counsel for Petitioners submits that: (i) Petitioners' fundamental rights under Articles 14 and 15 have been violated, in as much as, despite being bright and meritorious, they are being precluded from participating in counselling under their desired category; (ii) The online application form for said examination lacked clarity and hence, inadvertent error occurred on part of Petitioners; (iii) Further, no prejudice would be caused in case category is changed from 'General' to 'OBC' even at this stage.

7. Per contra, counsel for Respondents urge that the issue of category conversion from General to OBC after declaration of result has been decided by this Court in a number of petitions. An identical relief was been rejected qua NEET (PG) 2022 examination vide judgment dated 14th September, 2022.2 A petition seeking review of the said judgment was also rejected on 22nd September 2022. Thereafter, two more petitions, also seeking identical relief qua NEET (PG) examination, were dismissed by this Court on 17th October 2022.3 Further, this issue was also decided in respect of JEE 1 WPC 19405/2022 titled L. Anjana v. GOI, and WPC 27127/2021 titled R. Rithhika v. GOI.

W.P.(C) 13210/2022 titled Pallem Vennela v. Union of India and Ors. and other connected matters.

W.P.(C) 14661/2022 titled Reshma Shaliga S. v. DGHS & Ors., and W.P.(C) 14662/2022 titled Dr. Santosh Narayan R v. DGHS & Ors.

Signature Not Verified Digitally Signed W.P.(C) 15208/2022 & W.P.(C) 15213/2022 Page 3 of 5 By:SAPNA SETHI Signing Date:09.11.2022 16:25:17

(Mains) Examination by this court on 31st August 2022, where no relief was granted to the candidate.4 The candidate's appeal against the said order was also dismissed vide judgment of the Division Bench dated 13th September 2022, confirming the order of this Court, observing that candidates "cannot be now permitted to change his category as it will result in redrawing of the entire results which will have a ripple effect of upsetting the entire selection process and allocation of seats to other OBC candidates".5 A similar view has also been taken by a coordinate bench of this court on 04 th February 2022 pertaining to NEET (UG) 2021.6 Thus, the position is clear and unambiguous, that such a change cannot be allowed as sought for in the present petitions.

8. Mr. T. Singhdev, counsel for Respondent No. 3 - National Medical Commission, further points out that the first round of counselling for NEET (UG) is over, and the second round has begun on 2nd November, 2022. Thus, at this belated a stage, Court intervention would lead to upsetting the counselling schedule.

9. The court has considered the submission of the counsels.

10. It is an admitted position that the Petitioners wrongly filled up their application form. Thereafter, they did not make any attempt to correct their category, ever since they first filled up the application form in April 2022, 4 In W.P.(C) 12565/2022 titled Shyam Sunder v. UOI & Anr.

In LPA 527/2022 titled Shyam Sunder v. UOI & Anr.

In WP(C) 1189/2022 titled Sharanya Kaja v. DGHS & Ors.

Signature Not Verified Digitally Signed W.P.(C) 15208/2022 & W.P.(C) 15213/2022 Page 4 of 5 By:SAPNA SETHI Signing Date:09.11.2022 16:25:17

and even appeared for the exam as General category candidates. Regardless of availability of certificate at the time of filling up of a form, candidates are expected to know which category they belong to since birth, and should fill- up, which would be best suited for maximising their selection in the test. The OBC certificates attached with the petitions, too, have been obtained much after filling up of admission forms, and in fact, even after declaration of results, which shows a clear case of afterthought in obtaining caste certificates, once the candidates realised that they have a better chance of securing admissions through such a route. It can also not be ignored that they have now approached this court at the eleventh hour, after counselling is already at an advanced stage, and the delay remains unaccounted for.

11. The issue urged and relief sought herein has already been decided by the undersigned in the above-mentioned orders. The grounds of 'lack of clarity at the time of applying' and of 'no prejudice being caused to anyone else', have been dealt with extensively in the above cases, and require no reiteration. The reasoning in the aforenoted orders shall also apply to present petitions.

12. For the foregoing reasons, there is no merit in the present petitions, and the same are dismissed.

SANJEEV NARULA, J NOVEMBER 3, 2022 nk Signature Not Verified Digitally Signed W.P.(C) 15208/2022 & W.P.(C) 15213/2022 Page 5 of 5 By:SAPNA SETHI Signing Date:09.11.2022 16:25:17

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Delhi High Court - Orders