In W.P(C) 720 of 2020, Hon’ble Justice S.G Chattopadhayay dealt with an interim relief prayed under a writ for correction of marks obtained in NEET.
Facts of the Case
The petitioner was awarded 380 marks out of 720 marks in NEET, 2020 while he scored 519 marks. If the scores are corrected, he would be eligible for admission to the MBBS course as he is an EWS candidate.
On 20.10.2020, the Petitioner was granted an interim relief by the Court that if before the returnable date, the All India seats as reserved for EWS candidates are filled up in the said institute, one of the seats so filled would be provisional until further order in this regard. The same had to be conveyed to the last candidate in merit falling under this quota.
The petitioner further seeks a similar interim relief with respect to state government quota seats as the seats are being filled up during the pendency of the petition regarding the correction of marks.
Arguments Advanced
Counsel for the petitioner argued that unless such interim relief is granted the very purpose of filing this petition would be frustrated.
The learned G.A opposed providing such relief on the ground that in the absence of an application and adequate opportunity for the State respondents to reply, such interim order cannot be granted. The relief asked for is beyond the pleadings by the petitioner
Court’s Observations
The Court observed that there is no interim application filed seeking such relief concerning State government quota seats, however, such a technical objection cannot operate as a hindrance in providing the petitioner adequate relief in a petition under Article 226 of the Constitution.
The All India merit list of candidates is the basis of admission to MBBS/BDS courses across the country subject to the reservation policy. It is prima facie evident that if such relief is not granted then the objective of the petition would be destroyed. Therefore, the petitioner is entitled to relief with respect to the MBBS course even under the State government quota.
The interim relief provided is that if all seats reserved for the EWS category get filled up under the State Government quota then, one such seat shall be provisional subject to further order by the court in this regard. This shall be conveyed to the last candidate taken in on merit under the EWS category in State Government quota seats.
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