Consciousness of category selection and potential impact on the counseling process are crucial considerations in permitting category changes after exam results.

JUDGMENT

Rekha Palli, J. - The present writ petition has been preferred under article 226 of the Constitution of India seeking issuance of a direction to the respondents to permit the petitioner to change her category from 'General' to 'Other Backward Caste (hereinafter referred to as OBC)' during the counselling for admission to an undergraduate medical college based on the NEET-UG exam.

2. The petitioner is a young student having obtained 92% in her Class XII examinations. The respondent no.1/Directorate General of Health Services (hereinafter referred to as DGHS), Ministry of Health and Family Welfare, Government of India, is a repository of technical knowledge concerning Public Health, Medical Education and Health Care. The respondent no.2/Medical Counselling Committee (hereinafter referred to as MCC), is an organization under the DGHS and responsible for conducting the Counselling of 15% all India Quota seats as also the 85% Delhi University (hereinafter referred to as DU) in medical colleges across the Country. The respondent no.3/Director General, National Testing agency (hereinafter referred to as NTa) is responsible for conducting the entrance examination for admission in medical colleges across the Country. The respondent no.4/Director Senior, NTa is the head of operations for the medical entrance examinations across the country.

3. On 19.07.2021, the petitioner filled out her form for appearing in the NEET-UG, which form she filled out for as a general category candidate and, on 12.09.2021 she appeared in the NEET-UG examination conducted by the respondent no.3. Upon the result thereof being declared on 01.11.2021, the petitioner learnt that she had obtained an all India Rank of 18,917. It is at this stage that the petitioner probably realised that she had a much better chance of getting admission, if she had applied in the OBC category and as a consequence, her father applied for issuance of an OBC certificate from his native State of andhra Pradesh sometime in November, 2021, which certificate was issued to the petitioner's father on 22.12.2021. armed with this OBC certificate, the petitioner approached the Govt. of NCT of Delhi for issuance of a caste certificate in her favour, which certificate was duly issued on 04.01.2022. The petitioner then approached the respondent no.3 on 05.01.2022, seeking permission to change her category from General to OBC, which request was not acceded to by the respondents.

4. On 15.01.2022, the respondent no.1 issued a public notice permitting candidates, who had applied under the SC/ST/OBC/EWS/PwD seats for changing their category to General category, in case, they had inadvertently applied under the incorrect category. It is at this stage, that the petitioner has approached this Court seeking a direction to the respondents to permit her to change her category from General category to OBC.

5. Learned counsel for the petitioner has, while not denying the fact that the petitioner had applied for issuance of OBC certificate much after she had filled up the form for appearing in the NEET-UG examination, and, in fact, even after the result of the said examination had been declared, submits that once the respondents are permitting the candidates from SC/ST/OBC/EWS/PwD to change their category, there is no reason as to why the petitioner, who undisputedly belongs to the OBC category, be also not permitted to avail the same benefit.

6. The petition is vehemently opposed by the respondents, who contend that no such change can be permitted at such a belated stage. Ms. Seema Dolo, learned counsel for the respondent no.3 submits, that the entrance examination was conducted for more than 15 lacs students and permitting any change of category at this stage will affect the entire basis of allotment of seats and lead to an utter chaos in the admission process. She further submits that the respondents had granted five opportunities to the candidates before the declaration of the result, as late as on 2