Denial to amend incorrect details in an essential examination application violates the right to equal opportunity in education.

Order

18/08/2021

This Court has asked learned counsel for the petitioner to serve copy of writ petition in advance in the office of Mr. Angad Mirdha, learned counsel who appears on behalf of respondent No.2-National Medical Commission.

Learned counsel-Mr. Angad Mirdha is present in the Court, today.

Learned counsel for the petitioner submitted that efforts were made by him to serve a copy of the writ petition in the office of learned ASG-Mr. R.D. Rastogi for appearing on behalf of respondent No.1-Union of India, however, office of learned ASG has refused to take the same as no notice has been issued by this Court.

Heard the learned counsel for the petitioner on admission.

Learned counsel for the petitioner submitted that the present writ petition is filed, challenging the action of the respondents, not allowing petitioner to make necessary changes in the Online Application Form, submitted by him for participation for NEET (UG) 2021.

Learned counsel for the petitioner submitted that the Public Notice dated 13.07.2021 was issued wherein applications were invited from the eligible candidates for the admission in the MBBS Courses.

Learned counsel for the petitioner submitted that the examination is conducted by the National Testing Agency- respondent No.3 in the present petition.

Learned counsel for the petitioner submitted that the Public Notice dated 13.07.2021 prescribed timeline for submission of application form and subsequent stages thereto.

Learned counsel for the petitioner submitted that the petitioner filled his online application form on 21.07.2021 at 2:41:33 P.M. and on filling the application form, the petitioner received confirmation page filed as Annexure-2 giving details with regard to the name of his mother as Anita Meena and name of his father Roop Singh Meena and petitioner also mentioned that he had passed 12th Examination from Rajasthan and while giving the options for the centre for appearing in the examination, the petitioner had given all the four choices in Rajasthan i.e. Jaipur, Jodhpur, Udaipur & Ajmer.

Learned counsel for the petitioner submitted that the petitioner, while filling the application form, mentioned his Permanent Address as Village Khela Gadali Post Hadiya, Tehsil Mahwa, Dausa, Rajasthan.

Learned counsel for the petitioner submitted that the petitioner also mentioned his Mobile Number 9460425416.

Learned counsel submitted that after petitioner submitted his application form, however, the original name of village was inadvertently not mentioned by him as the original name of his Village is Khedla Gadali Post Hadiya, Tehsil Mahwa, District Dausa, Rajasthan.

Learned counsel submitted that the petitioner on 12.08.2021 when downloaded the application form, it was revealed to him that his father’s name was mentioned as Rakesh Kumar and the place from where he passed his 12th examination, was mentioned as Odisha in place of Rajasthan.

Learned counsel submitted that the petitioner also found that the place of examination was also mentioned as Angul, Bhubaneshwar, Koraput and Puducherry, i.e. three centres in Odisha and one centre in Puducherry.

Learned counsel for the petitioner submitted that in educational details, the qualification was also said to be passed from Odisha and District was shown as Angul and Odisha Council of Higher Secondary Education Board, was mentioned as against School Board.

Learned counsel submitted that even the present address of the petitioner was wrongly mentioned as Sri Prafulla Mishra Complex.

Learned counsel submitted that the petitioner was in receipt of a message on his mobile phone, informing him that his phone has been hacked and he was required to login again for his application form and the said message was received by the petitioner from different phone numbers i.e. +12022477109 and +13322179068.

Learned counsel for the petitioner submitted that the petitioner, when learnt about such mistake being reflected in his application form, immediately on 12.08.2021, submitted before Nat