Candidates must ensure accurate application submissions and cannot seek changes post-deadlines, particularly regarding reserved categories.

JUDGMENT

Dated this the 23^rd day of June, 2022 The petitioner had submitted an application for NEET-PG, 2022 under the Economically Weaker Section (EWS) category. Candidates applying under EWS category have to produce an Income and Asset Certificate in the prescribed form, issued by the competent authority/Tahasildar. Accordingly, the petitioner submitted an application for Income and Asset Certificate before the 4^th respondent. However, the 4^th respondent refused to issue the certificate on the premise that her family owns a residential flat having plinth area of more than 1000 sq.ft. Immediately thereupon the petitioner attempted to edit her online application so as to change the category from EWS to General. As the system did not permit the correction, petitioner sent online request to the NBEMS, requesting to correct the mistake. In its reply, the NBEMS directed the petitioner to carry out the correction when the edit windows are opened for the purpose. On enquiry, petitioner came to know that the edit windows were kept open from 29.03.2022 to 07.04.2022, which period was already over. The petitioner appeared for the exam conducted on 21.05.2022 and secured rank No.1159. Based on her rank, petitioner is eligible to obtain admission for Medical PG Course in General category. The petitioner apprehends that as she had applied under the EWS category, she will not be permitted to participate in the counseling, as a candidate belonging to the General category. Hence, the writ petition seeking the following reliefs;

“(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd and the 3rd respondents to change the petitioner's category as General Category in the NEET-PG 2022 before the commencement of the first allotment process;

(b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 2nd and the 3rd respondent for providing allotment and admission to the petitioner in the NEET-PG 2022 Examination in the General Category at the first allotment itself;”

2. Dr.V.N.Sankarjee, learned Counsel for the petitioner submitted that the petitioner had submitted application as a candidate belonging to the EWS category under the bona fide belief that the fourth respondent will issue the requisite certificates. Even though the reason for refusing to issue the Income and Asset Certificate is wrong, the petitioner is not challenging the action of the 4^th respondent, since she is eligible for admission in the General category. It is contended that merit being the prime consideration for admission, a mistake in the application cannot be taken as a reason to deny admission based on merit. It is settled law that if a reserved category candidate secures sufficient rank for admission/appointment under the open merit quota, such reserved category candidate will have to be first adjusted and considered for appointment in the General category pool. Applying the same principle, the petitioner will have to be considered as a General category candidate on the strength of her rank, and not as a reserved candidate based on the entry in her application. In support of the contention, learned Counsel placed reliance on the following decisions;

Saurav Yadav and others v. State of Uttar Pradesh and others [2021(4) SCC 542] , Dr.Jagdish Saran and others v. Union of India and others [1980 (2) SCC 768] , Bharat Sanchar Nigam Limited and anr. v. Sandeep Choudhary and others [Civil Appeal No.8717 of 2015]

3. Adv.T.Sanjay, learned Counsel for the NBEMS contended that, having applied under the EWS category, the petitioner cannot turn around and seek admission under the General category. It is submitted that candidates were instructed to ensure that the information entered during online submission application is correct and factual. NBEMS does not edit/modify/alter any information entered by the candidates at the time of online submission of applications. Attention is dr