JUDGMENT :

Ashok Kumar Gaur, J.

1. The present writ petition has been filed by the petitioner for considering his case under OBC Category for the purpose of admission in Under Graduate Medical Course, conducted by NEET UG - 2020.

2. The case set-up by the petitioner is that after passing Senior Secondary School Examination from CBSE in the year 2018, he applied for participating in National Eligibility-cum-Entrance Test (NEET) UG - 2020 for admission in Under Graduate Medical Courses and online application forms were to be submitted from 02nd December, 2019 to 31st December, 2019.

3. The petitioner has pleaded that he filled the application form in due time and before the examination was conducted, the admission cards were also issued to the candidates, including the petitioner, on 01st September, 2020 and the examination was fixed on 13th September, 2020.

4. The petitioner has pleaded that after participating successfully in the examination, his result was declared and he was shown as securing NEET All India Rank of 888404.

5. The petitioner has pleaded that he was shocked and surprised that his category was indicated in the score card as Unreserved Category, i.e., UR, which brings him under general category.

6. The petitioner has pleaded that he belongs to Swami Community, which is covered under the Backward Community due to which, the petitioner is entitled to be treated as an OBC candidate.

7. The petitioner has placed on record the caste certificate, issued by the State Government as well as Central Government, showing his caste of Swami falling in Backward Classes.

8. The petitioner has pleaded that due to inadvertent mistake, committed while filling the form, he has been considered under the General Category and as such, mandamus is sought from this Court to consider his category as reserved for the purpose of allotment of seat to admission in Under Graduate Courses.

9. Learned counsel for the petitioner, while making submissions, submitted that an inadvertent error, which was committed by the petitioner while filling the examination form, should not result into depriving him from considering his case as OBC category.

10. Learned counsel submitted that fact of the petitioner belonging to Swami Community is not disputed by any of the respondents and yet he has been treated as candidate of Unreserved Category.

11. Learned counsel submitted that the Division Bench of this Court in DB Civil Special Appeal (Writ) No. 1700/2017 (Kavita Choudhary vs. The Registrar (Examination) & Anr., decided vide order dated 1st November, 2017 considered similar controversy and held that if there is an inadvertent error, not resulting into infringement of third party right, such error should be allowed to be rectified/corrected and category of the candidate is required to be changed.

12. Learned counsel also submitted that the Coordinate Bench of this Court in SB Civil Writ Petition No. 4695/2018 (Harish Patidar vs. State & Ors.), decided vide order dated 19th April, 2018, has also considered the Division Bench's judgment passed in the case of Kavita Choudhary (supra) and has again permitted change of category of a candidate, if inadvertent error is committed by such candidate.

13. Learned counsel Mr. M.S. Raghav, appearing for the respondent - National Testing Agency, submitted that the prayer, sought by the petitioner, may not be granted by this Court.

14. Learned counsel submitted that Revised Schedule was issued in respect of conducting NEET (UG) 2020 and correction facility was afforded to all the aspiring candidates in their online application form, including category change and as such, he refers to different Public Notices issued on 03rd December, 2019, 13th March, 2020, 01st April, 2020, 14th April, 2020, 15th May, 2020, 04th July, 2020, 15th July, 2020 and 23rd September, 2020.

15. Learned counsel submitted that having afforded various opportunities to such candidates for necessary corrections, if candidate did not avail such, the same may not be