P. PRERNA P. JAIN Vs. DIRECTOR, NATIONAL ELIGIBILITY

JUDGEMENT

(1.) The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to change the petitioner's communal category from UR to OBC/BC and include her name in the provisional merit list so as to enable her to get admission in the self-financial Medical/Dental Colleges under Management Quota, based on her representations, dated 09.06.2018 and 12.06.2018 to the second respondent through e-mail and in person, in the light of the common order passed in the batch of Writ Petitions in W.P.No.35180 of 2016, dated 07.10.2016 as well as the order passed in W.P.No.18894 of 2017, dated 07.08.2017.

(2.) The case of the petitioner is that she belongs to OBC, but while the application for the purpose of NEET examination was filled up, the community category of the petitioner was mentioned as UR, which has been wrongly entered and the fact is that she belongs to OBC and it is a minority community and the Tahsildar concerned has issued Community Certificate to that effect.

(3.) The respondents 1 and 5 filed counter affidavit stating that the relief sought for by the petitioner cannot be granted, more particularly, in the light of the Information Bulletin issued for the conduct of NEET (session 2016-2017) and the relevant Clause 8 therein states that, "any correction pertaining to the photograph, signature and right hand index finger impression will be intimated through e-mail and SMS and the same will be available in the candidate's login account; other corrections are not permissible, therefore, ensure submission of correct data". Further, the responsibility of the CBSE is limited to the conduct of the entrance test, declaration of results and providing All India Rank to the counselling authorities/admitting institutes. In the case on hand, already the results were declared on 04.06.2018. It is further stated in the counter that the question of correcting the petitioner's community cannot be entertained, as it is the fault on the part of the petitioner in not filling the application properly with reference to the community, notwithstanding the clear instructions given in the Information Bulletin that the candidates should be very careful in filling the application form. The petitioner sought direction against the second respondent to change the petitioner's communal category from UR to OBC/BC and include her name in the provisional merit list, so as to enable her to get admission in the self-financial medical/dental colleges under the Management quota, based on her representations dated 09.06.2018 and 12.06.2018 to the second respondent. The respondents 1 and 5 have nothing to do with the same, and hence, they prayed for dismissal of the Writ Petition.