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B. DARSHINI V/S THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, NEW DELHI & OTHERS, decided on Tuesday, August 8, 2017.
[ In the High Court of Madras, Writ Petition No. 20999 of 2017 & W.M.P. No. 21886 of 2017. ] 08/08/2017
Judge(s) : K. RAVICHANDRABAABU
Advocate(s) : N. Damodaran. R2, R4 & R5, A. Kumar, Special Government Pleader.
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    (Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to accept and consider the category of the petitioner hearing in Registration No.80205221 bearing Roll No. 908500457 from Un reserved (UR) to Other Backward Class (OBC) in the National Eligibility cum Entrance Test Examination 2017 (NEET) conducted by the first respondent on 07.05.2017 and consequently directing the respondents to consider the marks secured by the petitioner in Other Backward Class (OBC) instead of Un reserved (UR) category based on the Community Certificate dated 04.12.2014 issued by the Tahsildar Madurai.)1. The petitioner seeks for mandamus directing the respondents to accept and consider the category of the petitioner in Registration No. 80205221 bearing Roll No. 908500457 from Un reserved (UR) to Other Backward Class (OBC) in the National Eligibility cum Entrance Test Examination 2017 (NEET) conducted by the first respondent on 07.05.2017 and consequently direct the respondents to consider the marks secured by the petitioner in Other Backward Class (OBC) instead of Un reserved (UR) category based on the Community Certificate dated 04.12.2014 issued by the Tahsildar Madurai.2. The case of the petitioner is as follows:2.1. She belongs to Backward Class Community viz. Hindu-VeeraKodi Vellala and the Community Certificate to that effect dated 04.12.2014 was already issued by the competent authority viz. the Tahsildar Madurai. After successfully completing Secondary School Leaving Certificate and scoring 482/500 marks and Higher Secondary School Examination and scoring 853/1200 marks the petitioner applied for NEET examination 2017.2.2. While filling the on-line application form for NEET she has inadvertently chosen the community category as Unreserved (UR) instead of choosing Other Backward Class (OBC). This mistake is neither intentional nor wanton. The petitioner noticed the error at the time of appearing for the examination viz. NEET. Unless the petitioner is treated in the OBC category while considering her for admission to the M.B.B.S Course she will be put to great difficulty and hardship as she will not get a chance for admission if she is treated in the Unreserved category.3. The learned counsel for the petitioner submitted that the inadvertent mistake committed only during the filling of the on-line application form as stated supra cannot be put against the petitioner when the records are straight and indicate that the petitioner belongs to Backward Class and entitled to the protection under State reservation. He has also invited this Court's attention to the orders passed in WP.No.17400 of 2017 dated 12.07.2017 and WP.No.16706 of 2017 dated 17.07.2017 arising out of similar facts.4. The learned Special Government Pleader submitted that since the on-line application carried the community category as Unreserved the petitioner cannot seek reservation by treating herself as Backward Class category student.5. Heard both sides.6. It is not in dispute that the petitioner while making the on-line application for the NEET examination has referred the category as “UR” (Unreserved) instead of OBC (Other Backward Class). It is stated that the petitioner has inadvertently made such mistake when the fact remains that she belongs to Backward Class. In support of her contention the petitioner relied on the Community Certificate issued by the Tahsildar Madurai dated 04.12.2014 and Other Backward Class Certificate issued by the Tahsildar Palayamkottai Taluk dated 24.07.2017. Perusal of the those certificates made available in the typed set of papers would indicate that the petitioner belongs to Backward Class community. The Transfer Certificate issued by the School to the petitioner also indicate that she belongs to Backward Class community.7. Therefore it is evident that the petitioner has inadvertently referred the category wrongly in the on-line application while submitting for NEET examination. When the petitioner belongs to Backward Class community and the overwhelming documents are there in support of such claim I do not think that she can be denied an opportunity to get admission under the reserved category for Backward Class community only because she has referred to the category as Unreserved in the on-line application. Since the merit list has not been issued so far and the counseling has also not taken place I am of the view that no prejudice would be caused if the respondents are directed to consider the claim of the petitioner and treat her as Backward Class Community while considering her application for admission to M.B.B.S./B.D.S. Course based on the marks obtained in the NEET examination.8. Accordingly this writ petition is disposed of by directing the petitioner to approach the fifth respondent and place the relevant materials viz. Community Certificate and Transfer Certificate indicating her Community status immediately on receipt of the order of this Court. On receipt of such request of the petitioner with necessary documents as stated supra the fifth respondent will consider the claim of the petitioner and treat her as Backward Class Community while considering for admission to the M.B.B.S/B.D.S. course. No costs. Consequently connected miscellaneous petition is closed.