Judgment

Ali Mohammad Magrey, J.-This intra Court Appeal, for short appeal is directed against the judgment/ final order passed in writ petition, WP (C) no. 1998/2020, on 15.01.2021, for short impugned judgment, whereby the writ petition filed by the appellant has been dismissed.

2. To understand the controversy in proper perspective the brief resume of the events that led to the filing of this appeal, are taken note of in the first instance, thus:

3. The appellant is stated to have applied under a reserved category, (OBC), through online mode for appearing in the National Eligibility Entrance Test, (UG)-2020, for short NEET, conducted by the National Testing Authority for selection of candidates and allotment of seats for undertaking MBBS course for the year 2020. In pursuance thereof, the appellant is stated to have obtained 445 marks figuring at 136430 rank at All India level. Thereafter, the respondent Board issued a tentative score list in terms of notification no. 042-BOPEE of 2020 dated 30.10.2020. Thereafter in terms of Notification No. 49-BOPEE of 2020 dated 18.11.2020 provisional UT Merit List of the candidates with their updated status was notified, wherein the appellant figures at S. No. 1650 with the net score of 445 and UT rank of 1650 as female candidate under RBA Category. Subsequently, in terms of notification dated 28th November, 2020, candidates were asked to pay online counseling fee of Rs. 1500/-. Thereafter, the BOPEE issued notification no. 54 BOPEE of 2020 dated 30.11.2020 intimating the candidates that the online counseling for filling up of seats will commence from 30.11.2020 (4.30 PM) to 3.12.2020 (midnight). It was further laid down in the said notification that allotment of seats shall be made on the basis of merit-cum-preference with due regard to Reservation Rules as notified by BOPEE in the e-information brochure of NEET (UG) 2020.

4. Subsequently, in terms of Notification no. 59-BOPEE of 2020 dated 07.12.2020 the allotment of seats for admission to MBBS/BDS course in Govt. owned Medical Colleges was made by BOPEE reflecting the name of those candidates who were allotted the seats which did not contain the name of appellant but those with lesser merit than her. It is stated in the writ petition that female RBA candidates who have secured 445 marks with UT rank of 1654 and below have been allotted the seats in various Medical Colleges, therefore, she is discriminated and her constitutional rights under Article 14 and 16 (4) and relevant Reservation Rules of 2005 have been violated with impunity. The BOPEE, therefore, is stated to have committed grave error by depriving the appellant to undertake MBBS course resulting in failure of justice. The erroneous exclusion of the appellant from the merit list has caused a great mental and physical agony to her as she has suffered a hard and undue blow at the hands of respondents at the start of her career.

5. The inaction of the respondents was challenged by the appellant by the medium of a writ petition WP (C) no. 1998/2020 on various grounds including violation of the fundamental and legal rights of the appellant; the violation of Reservation Rules and absence of mock exercise on the part of BOPEE which has led to the deprivation of appellant from allotment of seat for undertaking MBBS course.

6. It is further stated in the memo of appeal that the appellant has been deprived of a seat for undertaking MBBS course on the basis of wrong and misplaced application of Rule 17 of Reservation Rules of 2005, which wrong application has been upheld by the learned Single Judge by accepting the same interpretation as that of the BOPEE. Therefore, the view taken by the learned Single Judge being contrary to the law is unsustainable.

7. Furthermore, it is pleaded in the memo of appeal that while allotting the seats, the female RBA candidates who have sec