MEGHA.D.R Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed this writ petition seeking the following reliefs:

(2.) It is stated that petitioner is presently undergoing MBBS Course at Tirunelveli Medical College based on her merit in the National Eligibility and Entrance Test [NEET] (UG) Examination conducted on 06.05.2018. It is stated that her examination centre for NEET (UG) was Bharathiya Vidya Bhavan Senior Secondary School, Vattiyoorkavu, Thiruvananthapuram. Unfortunately the photograph affixed in Ext.P1 admit card issued from NEET (UG) happened to be of another person. Petitioner submits that it would have happened on account of an error committed by the local computer centre during the process of submission of application online, from where her application along with all requisite documents were uploaded but with a different photograph and with a signature of another candidate on it. The petitioner could notice this mistake only when she received the admit card with registration No.40139081 and Roll No.506800951, which contained her details. Petitioner reported in the centre-the 3 rd respondent Schools producing all the certificates and documents including Aadhar Card, Secondary School Leaving Certificate, Higher Secondary Course Certificate and a Bonafide Certificate issued from the Good Shepherd Matriculation Higher Secondary School, Marthandam etc. (Exts.P2 to P5). It is stated that petitioner was permitted to write the examination at the Centre- in the 3rd respondent School, on being convinced of the genuineness of the claim of petitioner and of the mistake committed. The petitioner came out successful in the test and got allotment in 4 th respondent College. On admission in the 4 th respondent College, she was asked to produce the relevant documents to prove that she herself had appeared for the Entrance Examination. It is stated that the petitioner and her father had submitted Ext.P8 jointly sworn affidavit furnishing the details relating to her appearance in the examination based on the admit card with a different photograph. It is further stated that the 4th respondent had directed her to produce all the relevant documents submitted before the Examination Centre which according to them are necessary to send a report to the Department. Though the petitioner had approached the 3rd respondent the documents were not made available to her. The writ petition was filed at this stage.

(3.) The 3rd respondent filed a counter affidavit producing Ext.R3(a) undertaking furnished by the petitioner on 06.05.2018, at the time when she appeared in the examination. In Ext.R3(a) petitioner's photograph is given along with a declaration as to its correctness. The 3 rd respondent has also stated that she was allowed to appear in the examination on production of the admit card, photograph with her signature, Aadhar Card, Secondary School Leaving Certificate, etc. It is also stated that all the details and documents furnished by her were checked by the observers Dr.Gireesh Kumar and Dr.Vernold Vivin appointed by CBSE and they found that the details furnished by the petitioner were correct. Accordingly after getting an undertaking from the petitioner along with her photograph Ext.R3(a) she was allowed to write the examination. It is also stated that video recording was taken of all the candidates and thump impression of all the students participated in the exam were also taken and that they have already handed over all these to the CBSE authorities.