AVIKA SHAHI Vs. MEDICAL COUNSELLING COMMITTEE

JUDGEMENT

(1.) The present writ petition has been filed under Article 226 read with Article 227 of the Constitution of India by the Petitioners, Ms. Avika Shahi and Ms. Anjali Singh, seeking relief against the denial of admission to the MBBS Course under the NEET-UG 2024-25 Examination Petitioners seek a writ of Mandamus or other appropriate order directing the Respondent Authorities to evaluate the Petitioners' eligibility by applying the reservation policy for Children/Widows of Armed Forces under Priority V(x) of the Bulletin, including the CW conversion algorithm as specified in Chapter 6 of the Bulletin issued by Respondent No.1, and to allocate them the seats in the MBBS Course through NEET (UG) - 2024-25 Examination either under the CW category or by creating two supernumerary seats specifically for the Petitioners. Further, the Petitioners seek directions to the Respondents (particularly Respondent Nos. 1, 2, and 3) to revise the Third Counselling Round results of NEET (UG)-2024 declared on 12/10/2024, and all subsequent actions.

(2.) Briefly stated the facts of the present case are that the Petitioners appeared for the NEET-UG 2024 examination on 5/5/2024 and qualified with eligible ranks. Petitioner no.1 and Petitioner no. 2 were eligible for educational concession for admission by virtue of certificates issued by the Ministry of Home Affairs, Government of India, i.e., Respondent no. 4, making them eligible for educational concession for admission to Delhi University against the Armed Forces quota under Priority V (x), i.e. 'Police Medal for Gallantry'.

(3.) The first round of counselling for NEET-UG 2024 was conducted by the Medical Counselling Committee (MCC)/Respondent no. 1 from 14/8/2024 to 24/8/2024. A list of provisionally eligible candidates under the CW category for admission to UG medical courses (MBBS/BDS/BAMS/BUMS/BHMS) 2024-2025 under 85% Delhi quota was issued on 14/8/2024 and subsequently revised lists were issued on 16/8/2024 and 23/8/2024, wherein the name of the Petitioners were there at serial no. 86 and serial no. 11, respectively. The results of the first round of counselling were declared on 28/8/2024, wherein the Petitioners were not allotted any seats. The fathers of the Petitioners submitted a representation to Respondent no. 1 pointing out a discrepancy in the selection process used by Delhi Medical Colleges, specifically that candidates from the OBC category with CW category ranks of 45, 50, 53, and 86, who are classified under Priority VI, were granted seats. Meanwhile, candidates from the General category who should have received higher consideration under Priority V were not allocated any seats despite their higher priority status. Similarly, in the second and third rounds of counselling as well, the Petitioners were not allotted any seats despite the availability of seats as per the seat matrix published before the second round of counselling on 5/9/2024 and as per the seat matrix published before the third round of counselling on 7/10/2024.