Tripura High Court Provides Interim Relief to Prevent the Frustration of Object in a Writ Petition Alleging Error in NEET Scores

Must Read

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable...

Follow us

 

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.

Click here to see full Judgment.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Madras HC Reaffirms Trial Court’s Decree in Case of Thimmaraya & Ors. V. Gowrammal

A Civil Revision Petition was filed by three petitioners against the dismissal of their application on the file of the Sub-Judge, Hosur. The case...

Delhi High Court Disposes Ashok Arora’s Appeal Against Suspension From Supreme Court Bar Association

In the present Petition, Senior Advocate Ashok Arora challenged an Order passed by a Single Judge bench. The Order held that Mr Arora had...

Allahabad High Court Dismisses Application To Quash Prima Facie Allegations of Criminal Intimidation and Outraging Modesty

Allahabad High Court, on 17th November 2020, dismissed an application filed under Section 482 of Cr.P.C. and refused to quash the charge sheet (dated...

Delhi High Court Prohibits Gathering in Public Places To Celebrate Chhat Puja

The Order had come in a Writ Petition moved by Shri Durga Jan Seva Trust. The Petition sought to quash and set aside an...

Bombay High Court Directs State To Pass Tribe Claim Within Two Weeks, Refuses To Intervene on Merits of Claim Itself

The Division Bench of Bombay High Court consisting of Justice S.S. Shinde and Madhav Jayajirao Jamdar passed an order on 17th November 2020 in...

Kerala High Court Dismisses Petition by Allocating Respondent To Vacancy in IFS Cadre

On 16th November 2020, the Division Bench at Kerala High Court, consisting of Honourable Justice A.M. Shaffique and Honourable Justice Gopinath. P heard the...

AP High Court: If an Auction Is Conducted by a Cooperative Bank, the Property Ceases to be Property of the State

A single-judge bench consisting of honourable justice Ninala Jayasurya gave orders on the writ petition filed by the petitioner. The petition challenges the action...

Madras HC Rules in Favour of the Authorities in FMGE Examination, Finds Writ Petitions Against the Exam Void of Merit

Three aspirants of Foreign Medical Examinations moved to the High Court by filing a Writ Petition under Article 226 of the Indian Constitution. They...

Hong Kong High Court Rules for Independent Mechanisms To Be Set up To Deal With Complaints Against Police Officers

The present suit was brought by a journalist association because of the police brutality that the protestors faced in the protests against the China...

Madras High Court Maintains That Government Policy Is To Prioritize Own State’s Candidates and Sets Aside Nativity Certificate Rejection Order

Varsha Totagi, a NEET aspirant filed a Writ Petition under Article 226 of the Indian Constitution. She had been denied Nativity Certificate without which...

More Articles Like This

- Advertisement -