M ROMANS Vs. PRESIDENT, NATIONAL BOARD OF EXAMINATIONS

JUDGEMENT

(1.) The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to declare the petitioner as qualified in the All India NEET-PG Exam, 2017, based on the marks obtained by the petitioner under the Backward Class (OBC).

(2.) The petitioner is a Doctor and he is also duly registered with the Tamil Nadu Medical Council on 21.03.2016. It is stated that the petitioner belonging to Backward Class Community, namely, Christian Nadar. He has also obtained the Community Certificate duly issued by the concerned Revenue Authority. The petitioner, aspiring for the Post Graduate Course, has written the National Eligibility-cum-Entrance Test, shortly known as "NEET". The application has to be made only through Online and the bulletin was a self-contained code. The petitioner had applied and allotted ID.No.CD1656307. The results were published for the NEET PG 2017. An official website of the National Board of Examination published the results on 13.01.2017. The petitioner had scored 667.6650 out of 1500 marks. However, the petitioner was not selected because the petitioner has wrongly ticked "General Category (UR)" instead of "OBC Category".

(3.) It is now stated by the petitioner that in the Prospectus, there were only 5 categories of communities, namely, Un Reserved (UR), Other Backward Caste (OBC), Scheduled Caste (SC), Scheduled Tribe (ST) and Person with Disabilities (PWD). The NEET PG 2017 Examination is conducted by the Educational Board of Examination for the States and Universities to use marks scored by a candidate and as per the reservation policy. In the prospectus Clause 14.6 and Clause 14.7 deal with the types of results for All India Quota, State/Union Territory Quota, Private Medical Universities, Institutions and Colleges and publication of results therefor. Clause 13.1 deals with reservation for All India 50% quota seats. Clause 14.1 deals with the Qualifying Criteria for different categories of candidates as detailed below: