PALLAVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court seeking relief under Article 32 of the Constitution aggrieved by the rejection of candidature to a Post Graduate medical seat; the respondent rejected her application after she was allowed to appear in the written examination and the results were declared for the NEET (PG) and the INI-CET/2023 (hereafter called "NEET" collectively).

(2.) The All India Institute of Medical Sciences (AIIMS), the Nodal Agency for the NEET test/examination, called for applications from eligible candidates by publishing a prospectus for NEET process on 7/3/2023. The petitioner applied and was issued the examination admit card on 1/5/2023. She participated and appeared in the NEET examination on 7/5/2023. The petitioner holds an Overseas Citizen of India card (hereafter called the "OCI card holder"). She is a U.S. National and was born on 22/2/1999.

(3.) The prospectus published by the respondents stipulated the eligibility conditions which indicated that the candidate should possess a Medical or Dental Degree and must have completed the required period of 12 months training and should possess a certificate of grading system from the concerned universities/institutions to determine the value of grading in percentage and the minimum marks in aggregate in MBBS/BDS professional examinations was to be 55% aggregate or equivalent. In addition, for Foreign Nationals, No Objection Certificate was also deemed essential. This was to be issued by the Ministry of External Affairs, Government of India. The stipulation for OCI candidates and the relevant requirements for admission into PG courses for Indian Nationals as well as sponsored and Foreign Nationals, reads as follows: