SHRUTI PATIDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner has prayed that a writ of mandamus be issued to the respondent No. 3 to issue the enrollment number to the petitioner for first professional examination of MBBS Course (Academic Session 2019-20) and to permit her to appear in the examination as a special candidate. It is further payed that the respondents be directed to compensate the petitioner for the loss suffered by her of two golden years of her life because of the omission and commission of the respondents. Lastly, it is prayed that a mandamus be issued to the respondents to treat her with the regular batch of 2019-20 with other candidates who have appeared in the first professional examination of MBBS.

(2.) In nutshell, the case of the petitioner is that she appeared in NEET (UG) 2019 examination and scored 362 marks. She was allotted a seat of MBBS course in the Amaltas Institute of Medical Science, Dewas (MP) (a private medical collage). The petitioner belongs to OBC category. The score card of NEET examination is filed as Annexure P/1 and admission receipt dtd. 16/8/2019 is filed as Annexure P/2.

(3.) Online counseling choice of petitioner for second round of counseling, 2019 is filed as Annexure P-3. The petitioner belongs to reserved category i.e. OBC category and therefore, she was allotted the seat in Amaltas Institute of Medical Science. The seat was allotted to her which was lying vacant because of non-joining of a Scheduled Tribe category candidate Ms. Shristi Thakur. The petitioner's contention is that petitioner ultimately occupied a reserved category seat and did not encroach any other category.