Y VIDUSHA (MINOR) Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein is a citizen of Srilanka born to Indian father. Therefore, she is a Overseas Citizen of India (OCI) as defined under Section 2(ee) r/w Section 7A of the Citizenship Act, 1955 (as amended by Central Act No.1/2015).

(2.) She studied standard VI to X at Camford International School at Coimbatore and continued her studies at Bangaluru and completed her XII standard from Sri.Chaitanya Techno School, Bangalore, Karnataka under CBSE syllabus during the month of May 2019.

(3.) She participated in the NEET (UG) 2019 examination and secured 450 marks out of 720. While applying for NEET, she has mentioned in the Nationality column as OCI (Overseas Citizen of India) and community category as OBC (Other Backward Class). With this score in NEET she applied for admission in MBBS/BDS in Tamil Nadu both under Government Quota as well as Management Quota. She enclosed all the documents enlisted in the prospectus. She applied under OCI category. As per the prospectus, OCI candidates will be considered as open category candidate and they are not eligible for any kind of reservation. So in the application she mentioned her community as OC. While so, when the rank list released by the 2nd respondent on 06.07.2019 her name did not find place either in the Government Quota or in the Management Quota. As per her score in NEET (450/720) she should have been placed between 3035 and 3096 in the Government Quota list and between 2981 and 3015 in the Management Quota list. On knowing her name missing in the rank list released by the 2nd respondent, the petitioner has given a representation on 08.07.2019.