$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7349/2024, CM APPL. 30679/2024 and CM APPL.

30680/2024 AJAY ..... Petitioner Through: Mr. Pravesh Sharma and Mr. Sanjay Kumar, Advs. with petitioner in person Versus EMPLOYEES STATE INSURANCE CORPORATION & ANR. ..... Respondents Through: Mr. Shlok Chandra, SC with Mr. Sudarshan Roy, Advs. with Mr. Dinesh Kumar, SSO for R-1 Mr. Sanjay Khanna, SC, Ms. Pragya Bhushan, Mr. Karandeep Singh and Mr.

Tarandeep Singh, Advs for R-2/NTA CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL)

% 03.06.2024 W.P. (C) 7349/2024

1. The petitioner is the ward of an Insured Person (“Ward of IP”)

within the meaning of Employees’ State Insurance Act, 1948.

2. The petitioner applied for participation in the NEET UG 2024, for obtaining admission to MBBS courses conducted by medical colleges across the country. Some of these medical colleges are run Signature Not Verified Signature Not Verified Digitally Signed By:AJIT Digitally Signed KUMAR W.P.(C)7349/202 Page1of20 By:CHANDRASHEKHARAN by the Employees State Insurance Corporation (ESIC). Dependant “Ward of IP” are entitled to a preferential quota for admission into MBBS courses provide by such medical and dental colleges, subject to qualifying in the NEET UG on merit.

3. The ESIC has restricted the entitlement of reservation to dependent male “Ward of IP” to candidates who had yet to attain the age of 21 years by 10 April 2024. The petitioner is aggrieved thereby. He complains that, by virtue of fixing of 10 April 2024 as the date by which a dependent male “Ward of IP” would have had to be less than 21 years of age, the petitioner has become disentitled to the reservation available to “Ward of IP”, as per the policy of the ESIC, as he crossed the age of 21 years before 10 April 2024.

4. Except for the fact that fixing of the cut-off date has rendered the petitioner ineligible to the “Ward of IP” reservation provided by the ESIC, there is precious little to justify the filing of this writ petition.

5. I have heard Mr. Pravesh Sharma, learned Counsel for the petitioner as well as the petitioner, who also sought to advance certain submissions, in person.

6. To a query from the Court as to the basis on which this Court should declare the fixing of 10 April 2024 as the cut-off date as arbitrary, the only submission of Mr. Pravesh Sharma is that, had an earlier cut-off date being fixed, more persons would have benefitted.

Signature Not Verified Signature Not Verified Digitally Signed By:AJIT Digitally Signed KUMAR W.P.(C)7349/202 Page2of20 By:CHANDRASHEKHARAN Fixing of the cut-off date as 10 April 2024 has resulted in persons such as the petitioner, who have crossed the 21 years of age before 10 April 2024, becoming disentitled to the benefit of “Ward of IP”

reservation, provided by the ESIC.

7. It needs to be noted, even at this juncture that the fixing of the aforesaid cut-off date does not, in any manner, impact the petitioner’s right to participate in the NEET UG 2024 or to secure admission to a medical college as per his rank in the said examination. All that it may be said to affect is the petitioner’s claims to reservation as a “Ward of IP”, as per the policy of the ESIC, for the admission to MBBS or BDS courses in medical/dental ESIC hospitals.

8. A brief overview of the facts would be appropriate at this juncture.

9. The National Testing Agency (NTA) issued three Public Notices, inviting applications from candidates who desired to participate in the NEET UG 2024.

10. The first Public Notice was issued on 9 February 2024, fixing the last date for submission of application as 9 March 2024. The petitioner applied in pursuance of this Public Notice on 22 February

2024.

Signature Not Verified Signature Not Verified Digitally Signed By:AJIT Digitally Signed KUMAR W.P.(C)7349/202 Page3of20 By:CHANDRASHEKHARAN

11. Thereafter, by Public Notice dated 9 March 2024, the last date for submission of NEET UG 2024 application was extended to 16 March 2024.

12. Vide a third P