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2016 DIGILAW 1031 (RAJ)

Jigar Gandhi v. Central Board of Secondary Education

2016-07-20

ALOK SHARMA

body2016
ORDER : Alok Sharma, J. The petitioner passed the Senior Secondary School Examination with 90.80% marks from Board of Secondary Education Rajasthan, at Ajmer. The respondent Central Board of Secondary Education (CBSE) invited applications for the National Eligibility cum Entrance Test-II (UG), Examination, 2016 for admission to MBBS/BDS courses in Medical/Dental Colleges. Pursuant to notice the petitioner filled an on-line application form on 27-5-2016 giving requisite information as sought by CBSE. An inter-net copy of confirmation receipt of the petitioner's application for NEET-II (UG), Examination, 2016 indicating the petitioner's date of birth as 19-10-1999, Gender Male, Category Unreserved, question paper medium as Hindi, was received by the petitioner. 2. On 9-7-2016 the petitioner was allotted Roll No. 86000298 and issued admit card for the NEET-II (UG), Examination, 2016 to be held on 24-7-2016. The petitioner was however shocked as the material details mentioned in the admit card were totally at variance with the information submitted by the petitioner. The petitioner's date of birth was shown to be 7-6-1988 instead of 19-10-1999, Gender to be Female instead of male, Category as OBC instead of Unreserved, and medium of question paper as English instead of Hindi. The petitioner in the circumstances, submitted a representation to CBSE along with an affidavit dated 11-7-2016, seeking necessary rectification, but to no avail. The NEET-II (UG), Examination, 2016 are scheduled to be held on 24-7-2016. And, the petitioner has therefore approached this court as in the context of the admit card received by him, he cannot write the examination in issue. 3. In the urgency of the case, counsel for the petitioner was yesterday required to serve a copy of the petition on Mr. M.S. Raghav, standing counsel for the CBSE. Today Mr. Raghav, has appeared. For reason of paucity of time, reply has not been filed. Counsel in the course of hearing passed over a copy of correction slip, apparently based on corrections made in the on-line application form in terms of provisions therefore by the petitioner on 27-6-2016. Mr. Raghav has submitted that the correction slip shows that all informations reflected in the petitioner's admit card uploaded on 9-7-2016, by CBSE for the petitioner, are the corrections made by the petitioner himself. He submitted that the petitioner alone had the password to access his on-line application. Mr. Raghav has submitted that the correction slip shows that all informations reflected in the petitioner's admit card uploaded on 9-7-2016, by CBSE for the petitioner, are the corrections made by the petitioner himself. He submitted that the petitioner alone had the password to access his on-line application. He submitted that the entire process of the CBSE is computer generated and the admit card has been issued on the basis of correlated information uploaded by the petitioner subsequent to an opportunity provided by CBSE to all applicants to rectiry/correction any error in the on-line applications first made. Mr. Raghav submitted that about 4,75,000 students have applied to appear in the NEET-II (UG), Examination, 2016, and the petitioner's request for change in the information's submitted by him at this belated stage would only cause chaos and would set a bad precedent with the potential of disrupting the NEET-II (UG), Examination, 2016 itself. Heard. Considered. 4. The insensitivity of the CBSE to the petitioner's case as reflected in submission of counsel for the CBSE is quite shocking. It is inconceivable that the petitioner could have made the changes as reflected in the correction slip and incorporated in the admit card issued to him on 9-7-2016. There is no manner for this court to ascertain who changed information's in the on-line application of the petitioner, but it can be held with a very high degree of probability that it was not attributable to the petitioner. Be as it may, the case at hand is one which cries out for the exercise of extraordinary equitable jurisdiction of this court. 5. Consequently, the petition is allowed. It is directed that the petitioner be issued a corrected admit card for the NEET-II (UG), Examination, 2016 with true and correct information submitted by the petitioner in his online application form first submitted on 27-5-2016. This be done within a period of three days from the date of presentation of certified copy of this order, as the examination in issue is to be held on 24-7-2016. 6. It is further directed that in the event of non issue of the rectified admit card within the aforesaid stipulated period of three days, the petitioner shall be allowed to write the NEET-II (UG), Examination, 2016 scheduled to be held on 24-7-2016 as per the information submitted in his on-line application form on 27-5-2016. The petition stands disposed of accordingly. It is further directed that in the event of non issue of the rectified admit card within the aforesaid stipulated period of three days, the petitioner shall be allowed to write the NEET-II (UG), Examination, 2016 scheduled to be held on 24-7-2016 as per the information submitted in his on-line application form on 27-5-2016. The petition stands disposed of accordingly. Petition disposed of as above.