M.RITHIKA Vs. MEDICAL COUNCIL OF INDIA

JUDGEMENT

(1.) These two writ petitions have been filed by the same petitioner. She appeared for the All India National Eligibility-cum- Entrance Test (in short NEET)-2017 conducted by the Central Board of School Education (CBSE) and she was declared as qualified. It is stated that she secured 71.96% with 223 marks and her General NEET All India rank is 207127.

(2.) It is the grievance of the petitioner that the fourth respondent has released the list of few candidates, who were selected in the reserved category, namely, wards of Insured Persons, known as ESIC Management quota. From the list of candidates, the petitioner would point out that the candidates, who were placed in lower rank than the petitioner, have been selected in the SC community reserved category, because of the selection process providing 20% reservation for Insured Persons of the fourth respondent. The petitioner, therefore, filed the first writ petition in W.P.No.35853 of 2016 for issuance of Writ of Certiorarified Mandamus to quash the allotment of MBBS seats in the Employees' State Insurance Corporation Medical Colleges under the Insured Person Quota, by order, dated 22.09.2016 and to direct the fourth respondent to transfer the minimum of 20% seat meant for the Insured Person Quota in Employees' State Insurance Corporation Medical Colleges to be filled by conducting fresh counselling by the second and third respondents in accordance with NEET All India merit list.

(3.) The Employees' State Insurance Corporation (in short ESIC) released the MBBS admission notification for the seats exclusively for the wards of Insured Persons (20% of the seats) in all the ESIC Medical Colleges in the country on 28.06.2017. Again, the Medical Council Committee released online notification regarding counselling for the 322 medical seats exclusively reserved for Insured Person Quota in ESIC Medical Colleges on 05.07.2017. The petitioner made a representation to the respondents on 07.07.2017 to cancel the counselling or withdraw the counselling notice issued by the Director General, Health Services, Ministry of Health and Family Welfare Department, restricting the Counselling to the wards of Insured Persons in ESIC Medical Colleges in the country. In the representation, the petitioner, further requested the second respondent to allow all the NEET qualified candidates to register for the 20% quota earmarked for wards of Insured Persons in the ESIC Medical Colleges. Thereafter, the petitioner filed the second writ petition in to quash the impugned notification issued by the first respondent through their website, on 05.07.2017 and to permit the petitioner to participate in the online counselling process.