Candidates not domiciled in Uttar Pradesh must meet higher cut-off marks for Unreserved/Open category to qualify for counselling, regardless of their reservation status in their home state.

JUDGMENT

Heard Sri. Nipun Singh along with Sri. Rishi Upadhayay and Sri. Aishwarya Pratap Shahi, learned counsel for the petitioners, Sri. Manish Goyal, learned Additional Advocate General assisted by Sri. A.K. Goyal, learned Additional Chief Standing Counsel for the State of U.P. as well as Mr. Vivek Kumar Singh, learned counsel for Union of India-respondent no.1.

2. The writ petition has been filed seeking the following reliefs :-

"Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 to permit the petitioners to participate in the mop-up round/stray round counselling of UP NEET UG-2023 conducted by the respondent no.2."

3. The matter was heard at length on 26.09.2023 by another bench. At that stage a detailed order was passed primarily to ascertain, if any candidate, lower in merit, had been accommodated in preference over the petitioners who had been awarded higher marks.

4. On 27.09.2023 following detailed order was passed :-

"1. Let State of U.P. through Principal Secretary, Medical Health & Education be impleaded as respondent no.4 to the writ petition, forthwith. Once we directed to implead the Principal Secretary, Medical Health & Education in the writ petition, we made a request to Sri. M.C. Chaturvedi, learned Additional Advocate General to assist the Court on behalf of newly impleaded respondent no.4.

2. Heard Mr. Nipun Singh, learned counsel for the petitioners; Mr. M.C. Chaturvedi, learned Additional Advocate General assisted by Mr. B.B. Pandey, learned Chief Standing Counsel, Mrs. Uttara Bahugana, learned Additional Chief Standing Counsel for the State-respondents, Mr. S.P. Singh, learned Additional Solicitor General, assisted by Mr. Vivek Singh, learned counsel appearing for the Union of India and Mr. Ayank Mishra, learned counsel for the respondent nos.2 and 3.

3. The matter was taken up on 26.9.2023 and the Court had proceeded to pass following order:-

"1. Heard Sri. Nipun Singh, learned counsel for the petitioners; Sri. Vivek Kumar Singh, learned counsel for Union of India (respondent no.1) and Sri. Ayank Mishra, learned counsel for respondent nos.2 and 3.

2. The petitioners are before this Court with request to issue a writ, order or direction in the nature of mandamus directing the Director General, Medical Education and Training, U.P. Lucknow (respondent no.2) to permit them to participate in the mop-up round/stray round counselling of UP NEET UG-2023 conducted by the respondent no.2.

3. Sri. Nipun Singh, learned counsel for the petitioners submits that the petitioners are resident of outside the State of Uttar Pradesh and they belong to OBC-NCL/SC/ST category. They appeared in the National Eligibility-cumEntrance Test (UG)-2023 conducted by the National Testing Agency. The result of the said examination was declared on 13.06.2023, wherein the cut off marks of general category in the mop-up round online counselling was 138, whereas the cut off marks of OBC and SC/ST category was 107. The petitioners have scored more than cut off percentile in their category. Details of marks obtained by the petitioners and their NEET All India Rank with category have been given in paragraph-4 of the writ petition.

4. Sri. Nipun Singh further submits that on 13.07.2023 the respondent no.2 has issued necessary guidelines/policy for the candidates appearing in the counselling for MBBS/BDS Course for the academic session 2023-24 in the Government Medical Colleges as well as for Private Medical Colleges. As per the guidelines, the counselling requires to be conducted followed by mop-up round. Clause 2 of the guidelines provides eligibility criteria. Clause 2 (2) states that for admission in all Government Medicals/Dental Colleges/Medical Universities/Minority institutions the applicant, who is applying for MBBS/BDS Course, has to be domicile of the State of Uttar Pradesh. However, Clause 2 (4) states that for admission in Private Medical/Dental Colleges, it is not necessary for the candidate