By consent, these Writ Petitions itself are taken up for final disposal.
2. Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents 3 and 4. Mr.S.Anwar Sameem, learned Counsel takes notice for the fifth respondent. Notice to R1 & R2 is dispensed with, as no adverse order is going to be passed against them.
3. It is the case of the petitioners that they belong to Most Backward Class (Hindu-Maravar) and Backward Class Community (Kammalar) respectively and Community Certificates to that effect dated 13.06.2014 and 29.08.2013 were also issued to them by the competent authority viz., the Deputy Tahsildar, Sattur and Aruppukottai. The petitioners scored 897 and 1142 marks out of 1200 in their Higher Secondary School Examinations and subsequently, applied for NEET examination. While filing the On-line application form for NEET, they have inadvertently chosen the community category as Unreserved (UR) instead of choosing Other Backward Class (OBC). Unless the petitioners are treated in the OBC category, while considering them for admission to the MBBS/BDS Course, they will be put to great difficulty and hardship, as they will not get a chance for admission, if they are treated in the Unreserved Category and hence the petitioners have come before this Court with the above said prayer.
4. The learned Counsel for the petitioners submitted that the inadvertent mistake has been committed during filling of the on-line application form and the same cannot be put against the petitioners, when the records indicate that the petitioners belong to Most Backward and Backward Classes respectively and are entitled to protection under State reservation. He has also invited this Court's attention to an order passed in WP.No.17400 of 2017, dated 12.07.2017, arising out of similar facts.
5. Heard the learned Counsel appearing on either side.
6. It is not in dispute that the petitioners, while making the on-line application for the NEET examination, have referred the category as UR (Unreserved), instead of OBC (Other Backward Class). It is stated that they have inadvertently made such mistake, when the fact remains that they belong to Most Backward Class and Backward Class. In support of their contention, they relied on the Community Certificates issued by the Competent Revenue Officials. Perusal of the said certificates made available in the typed set of papers would indicate that the petitioners belong to Most Backward Class (DNC) and Backward Class Community. Therefore, it is evident that the petitioners have wrongly referred the category in the on-line application, while submitting for NEET examination.
7. Accordingly, these Writ petitions are disposed of, by directing the petitioners to approach the third respondent and place the relevant materials viz., Community Certificate and Transfer Certificate, indicating their Community status, immediately on receipt of the order of this Court. On receipt of such request of the petitioners with necessary documents as stated supra, the third respondent shall consider the claim of the petitioners and treat them as Most Backward Class Community and Backward Class Community in the admission to the MBBS/BDS Course. No costs. Consequently, connected miscellaneous petitions are closed.
To:
1.The Central Board of Secondary Education, Rep. by its Chairman Shiksha Kedra, 2 Community Centre, Preet Vihar, New Delhi - 110 301.
2.The Secretary Dental Council of India, Aiwan-E-Galib Marg, Kotla Road, Temple Lane, New Delhi - 110 002.
3.The Secretary, Selection Committee, Directorate of Medical Education, No.162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.
4.The Tamil Nadu M.G.R. Medical University, Rep. by its Secretary, No.914, Poonamallee High Road, Arumbakkam, Chennai..