The evaluation undertaken by the examining bodies should not be viewed with suspicion unless it is prima facie established that it was not fair or transparent.

JUDGMENT :

1. Heard Shri A.K. Pandey, learned counsel for the petitioner; Shri Purnendra Kumar Singh, learned counsel for the Union of India and Shri Dhananjay Awasthi, learned counsel for the respondent no.2/Senior Director, National Testing Agency, Ministry of Education, Government of India, New Delhi.

2. The present writ petition is preferred seeking following reliefs:-

"i. To issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to reserve a seat for the petitioner having Roll No.4402006652 (OBC-(NCL) Category Candidate) in on-going conselling of National Eligibility-cum-Entrance Test (Under Graduate)-2020 (in short "NEET (UG)-2020" conducted by the respondents;

ii. To issue a writ, order or direction in the nature of mandamus directing the respondents to consider the candidature of the petitioner having Roll No.4402006652 (OBC-(NCL) Category Candidate) in on-going counseling of National Eligibility-cum-Entrance Test (Under Graduate)-2020 (in short NEET (UG)-2020" conducted by the respondents.

iii. To issue a writ, order or direction in the nature of mandamus directing the respondents to produce the OMR Sheet pertaining to the petitioner before this Hon'ble Court."

3. Learned counsel for the petitioner submits that the petitioner belongs to Other Backward Class Category. He appeared in National Eligibility-cum-Entrance Test (Under Graduate)-20201 on 13.9.2020. After conducting the aforesaid examination, the National Testing Agency (NTA) uploaded the answer key for different series of booklets on 26.09.2020. The petitioner did not challenge his answer key uploaded by the NTA. Thereafter, the NTA released the OMR sheets of NEET (UG)-2020 on 05.10.2020 and also uploaded the scanned image of OMR sheets of all the candidates. Finally, the NTA declared the result on 16.10.2020 and on the same day, the score cards of all candidates were also uploaded. After declaration of the final result, the petitioner came to know that there is a huge difference between the marks as obtained by him and the marks, which were expected to be secured by the petitioner. As per his own calculation based on the answer keys, the petitioner expected to score more than 600 marks out of 720. It is claimed that due to non-downloading the scanned image of the OMR sheet uploaded on the official website of NTA, the petitioner could not participate in the counselling and he was surprised to know that he had secured 146 marks out of 720. This situation has impelled the petitioner to approach before this Court under Article 226 of Constitution of India.

4. On the other hand, Shri Dhananjay Awasthi, learned counsel for the respondent no.2 has placed the categorical instruction and the same is taken on record. In the instructions in question, it has been stated that the Ministry of Human Resource Development (MHRD), now renamed as Ministry of Education, Government of India (GOI), has established National Testing Agency (NTA) as an independent, autonomous and self-sustained premier testing organisation registered under the Societies Registration Act, 1860 to conduct efficient, transparent and international standard test in order to access the competency of candidates for admission to premier higher education institutions; to undertake research on educational, professional and testing systems to identify gaps in the knowledge systems and taking steps for bridging them; to identify experts and institutions in setting examination questions and to produce and disseminate information and research on education and professional development standards.

5. Section 14 of the National Medical Commission Act, 2019 provides for holding of a common and uniform National Eligibility-cum-Entrance Test for admission to the undergraduate medical courses in all medical institutions including those governed under any other law. Thus, the admission to MBBS course in AIIMS, New Delhi, JIPMER and all AIIMS like Institutions is also being made through NEET. The