REEMA NANDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The Petitioner as well as Respondent No.6 are in-service candidates posted and working as Assistant Veterinary Field Officer under the Respondent No.2. Both the Petitioner and Respondent No.6, desirous of getting admission in BVSc & AH Course, appeared in the NEET Examination held in the year 2018. In the merit list prepared by the NEET, the Respondent No.6, belonging to Other Backward Class (OBC), secured more marks than the last candidate including the Petitioner and he was therefore, admitted against general category seats for admission to the said course. Aggrieved by this action of the Respondents in granting admission to Respondent No.6, against general category seats, the Petitioner has filed this writ petition.

(3.) Learned Counsel for the Petitioner would submit that, even though, Respondent No.6 secured marks higher than general category candidate, he could not be accommodated against general category seats because he could appear and take up examination only upon relaxation of age limit by virtue of he being an OBC candidate. According to him, once the Respondent N.6 was granted relaxation in age by virtue of he being an OBC candidate, the Rules did not permit accommodation of Respondent No.6 against general category seats. It is the case of the Petitioner that Respondent No.6 could be granted admission only against the seat reserved for OBC category and in that event, the Petitioner would have got an opportunity to get admission against the seat occupied by Respondent No.6, in the general category. In support of the said submission, learned counsel for the Petitioner placed reliance on the decision of the Hon'ble Supreme Court in case of Deepa E.V. vs Union of India and Others, 2017 12 SCC 680.