SHARANYA KAJA Vs. DIRECTORATE GENERAL OF HEALTH SERVICES

JUDGEMENT

(1.) The present writ petition has been preferred under Article 226 of the Constitution of India seeking issuance of a direction to the respondents to permit the petitioner to change her category from 'General' to 'Other Backward Caste (hereinafter referred to as OBC)' during the counselling for admission to an undergraduate medical college based on the NEET-UG exam.

(2.) The petitioner is a young student having obtained 92% in her Class XII examinations. The respondent No. 1/Directorate General of Health Services (hereinafter referred to as DGHS), Ministry of Health and Family Welfare, Government of India, is a repository of technical knowledge concerning Public Health, Medical Education and Health Care. The respondent No. 2/Medical Counselling Committee (hereinafter referred to as MCC), is an organization under the DGHS and responsible for conducting the Counselling of 15% All India Quota seats as also the 85% Delhi University (hereinafter referred to as DU) in medical colleges across the Country. The respondent No. 3/Director General, National Testing Agency (hereinafter referred to as NTA) is responsible for conducting the entrance examination for admission in medical colleges across the Country. The respondent No. 4/Director Senior, NTA is the head of operations for the medical entrance examinations across the country.

(3.) On 19/7/2021, the petitioner filled out her form for appearing in the NEET-UG, which form she filled out for as a general category candidate and, on 12/9/2021 she appeared in the NEET-UG examination conducted by the respondent No. 3. Upon the result thereof being declared on 1/11/2021, the petitioner learnt that she had obtained an All India Rank of 18,917. It is at this stage that the petitioner probably realised that she had a much better chance of getting admission, if she had applied in the OBC category and as a consequence, her father applied for issuance of an OBC certificate from his native State of Andhra Pradesh sometime in November, 2021, which certificate was issued to the petitioner's father on 22/12/2021. Armed with this OBC certificate, the petitioner approached the Govt. of NCT of Delhi for issuance of a caste certificate in her favour, which certificate was duly issued on 4/1/2022. The petitioner then approached the respondent No. 3 on 5/1/2022, seeking permission to change her category from General to OBC, which request was not acceded to by the respondents.