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2023 Supreme(SC) 816

S. RAVINDRA BHAT, ARAVIND KUMAR
Pallavi – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Shivendra Singh, AOR Mr. Bikram Dwivedi, Adv. Mr. Raghav Gupta, Adv. Mr. Puneett Singhal, Adv. Mr. Vikhyat Oberoi, Adv. Dr. Mukut Nath Verma, Adv. Mr. Vinay Navare, Sr. Adv. Mr. Gaurav Agrawal, Adv. Mr. Gharote Anurag A, AOR Ms. Aishwarya Bhati, Ld. ASG Ms. Ameyavikrama Thanvi, Adv. Mr. Bhuvan Kapoor, Adv. Ms. Praveena Gautam, Adv. Ms. Ruchi Kohli, Adv. Mr. Aman Sharma, Adv. Ms. Shagun Thakur, Adv.
For the Respondent(s): Mr. Atul Kumar, AOR Ms. Sweety Singh, Adv. Ms. Archana Kumari, Adv. Mr. Rahul Pandey, Adv. Mr. Gaurav Sharma, AOR Mr. Dhawal Mohan, Adv. Mr. Prateek Bhatia, Adv. Mr. Paranjay Tripathi, Adv.

JUDGMENT :

S. Ravindra Bhat, J.

1. The petitioner has approached this Court seeking relief under Article 32 of the Constitution aggrieved by the rejection of candidature to a Post Graduate medical seat; the respondent rejected her application after she was allowed to appear in the written examination and the results were declared for the NEET (PG) and the INI-CET/2023 (hereafter called “NEET” collectively).

2. The All India Institute of Medical Sciences (AIIMS), the Nodal Agency for the NEET test/examination, called for applications from eligible candidates by publishing a prospectus for NEET process on 07.03.2023. The petitioner applied and was issued the examination admit card on 01.05.2023. She participated and appeared in the NEET examination on 07.05.2023. The petitioner holds an Overseas Citizen of India card (hereafter called the “OCI card holder”). She is a U.S. National and was born on 22.02.1999.

3. The prospectus published by the respondents stipulated the eligibility conditions which indicated that the candidate should possess a Medical or Dental Degree and must have completed the required period of 12 months training and should possess a certificate of grading system from

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