Category change at later stage can create chaos in counselling: HC junks NEET candidate's plea

The single-judge bench of the HC, comprising of Justice Rekha Palli dismissed the plea as it found force in the arguments of NTA that if the plea is accepted several other candidates might seek relief under the similar circumstances.

"I find myself agreeing with the respondents' plea that, in case, such changes from unreserved category to OBC category are permitted at such a belated stage, the same is likely to result in the respondents being inundated by a deluge of requests from other candidates in similar circumstances, thus causing chaos in the entire counselling process, which would inevitably cause grave hardship and inconvenience to the other students who have taken part in the NEET-UG and therefore, I am, not inclined to grant any relief to the petitioner, as sought for, at this belated stage," observed the bench.

The petitioner student obtained 92% in her Class XII examinations. She filled out her form for NEET-UG in July 2021 as a general category candidate. Thereafter, she appeared in the test and secured an All India Rank of 18,917. After the publication of results, the petitioner student realized that she had a much better chance of getting admission if she had applied in the OBC category.

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Consequently, her father applied for issuance of an OBC certificate from his native state Andhra Pradesh back in November and the certificate was issued to him on 22.12.2021. Armed with the OBC certificate, the petitioner student approached the Delhi Government for issuance of a caste certificate in her favour, which certificate was duly issued on 04.01.2022.

Following this, the petitioner student approached the National Testing Agency (NTA) seeking permission to change her category from General to OBC. However, this request was not accepted by the agency.

Meanwhile, on 15.01.2022, the Directorate General of Health Services (DGHS) issued a public notice permitting candidates, who had applied under the SC/ST/OBC/EWS/PwD seats for changing their category to General category, in case, they had inadvertently applied under the incorrect category. It is at this stage, that the petitioner has approached the High Court seeking a direction to concerned authorities including DGHS, NTA, for permitting her to change her category from General to OBC.

The counsel for the petitioner student argued that if DGHS is permitting candidates from SC/ST/OBC/EWS/PwD to change their category, there is no reason as to why the petitioner, who undisputedly belongs to the OBC category, be also not permitted to avail the same benefit.

Opposing the petition vehemently, the counsel for NTA contended that no such change can be permitted at such a belated stage. It was further submitted that the NEET entrance examination was conducted for more than 15 lacs students and permitting any change of category at this stage will affect the entire basis of allotment of seats and lead to an utter chaos in the admission process.

She further submitted that the NEET candidates had been given five opportunities before the declaration of the results for seeking any correction in the application form. However, the petitioner student didn't avail the opportunity and hasn't given any justification for not filing up of the form as an OBC candidate on 19.07.2021.

Merely because she didn't have the necessary certificate on the said date, was no reason to fill her category incorrectly, and that too when there was a provision in the information bulletin that no Caste certificate was required at the time of filling up of the online application and the same was to be produced only at the time of counselling, argued NTA's counsel.

Mr. Sabharwal, learned counsel for DGHS submitted that the reliance by the petitioner student on the notice dated 15.01.2022 is wholly misplaced. He submitted that the option to change the category from SC/ST/OBC/PWS/PWD to Unreserved category was necessitated on account of a decision taken by DGHS after the issuance of the information bulletin, that the benefit of Caste Certificates would be given only to those candidate whose Castes were included in the central government list. Providing this option to the students was found necessary as they had, on the basis of past precedent, applied as unreserved category candidates, even when their castes were included only in the state list and not in the central government list, argued the counsel.

After considering the submissions of all the parties concerned, the HC bench noted that even though it can sympathize with the petitioner student, it cannot provide her any relief.

"Having considered the submissions of the learned counsel for the parties, even though I can sympathise with the petitioner who is a young meritorious student, I am unable to persuade myself to accept her claim. The petitioner had consciously filled up the form as a general category candidate on 19.07.2021, and that too despite being aware that there was no requirement for her to submit the OBC certificate at that stage, which as per the information bulletin was required to be produced only at the time of counselling," the bench noted at this outset.

"In my view, since the petitioner was well aware that she was an OBC category candidate since birth, she ought to have been prepared for the said exam with all relevant documents, in order to apply in the category that would give her the best chance of getting admission," further observed the bench.

Mentioning that the petitioner student could have changed her category before the publication of results, the bench observed,

"Furthermore, even if we assume that there was a mistake on her part in filling up the form on account of her young age, there is no reason as to why the necessary correction was not sought for, at any time before the result of NEET-UG Examination was declared. In fact, what appears is that it is only when the petitioner learnt about her ranking, that she realised she could significantly improve her chance of gaining admission in a medical college if she applied in the OBC category, to which she originally belonged and that is why there was a delay in her making a request for change of her category."

Noting that the petitioner's claim would result in a totally reserved situation and it cannot be permitted, the bench found force in the argument by NTA that such changes in the category option would result in chaos.

"I find myself agreeing with the respondents' plea that, in case, such changes from unreserved category to OBC category are permitted at such a belated stage, the same is likely to result in the respondents being inundated by a deluge of requests from other candidates in similar circumstances, thus causing chaos in the entire counselling process, which would inevitably cause grave hardship and inconvenience to the other students who have taken part in the NEET-UG and therefore, I am, not inclined to grant any relief to the petitioner, as sought for, at this belated stage," noted the bench as it dismissed the petition.

To read the court order, click on the link below.