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2019 DIGILAW 593 (MP)

Disha Dhangar v. State of M. P.

2019-08-20

R.S.JHA, VIJAY KUMAR SHUKLA

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JUDGMENT : R.S. JHA, J. Shri Aditya Sanghi, learned counsel for the petitioner. Shri Himanshu Mishra, learned Government Advocate for the respondents/ State. 2. Heard on the question of admission. 3. The petitioner has filed this petition praying for a direction to the authorities to allot an MBBS seat in any medical college to the petitioner as a General category candidate as per her merit position. 4. It is submitted by the learned counsel for the petitioner that the petitioner appeared in the NEET 2019 examination and obtained 537 marks. It is stated that she filled up the NEET form as well as the registration form for the purposes of counselling in the State of Madhya Pradesh showing herself to be an OBC category candidate. It is submitted that at the time of verification it was discovered that the income of the petitioner’s father from all sources was Rs.13,25,000/which is above the cutoff limit of Rs.8 Lakhs. It is submitted that as the petitioner fell in the creamy layer, she was not entitled to claim benefit of the status as an OBC candidate and, therefore, the authorities refused to grant her admission although she is a meritorious candidate having obtained 537 marks. It is submitted that in such circumstances, the respondents be directed to treat the petitioner as a General category candidate and grant her admission on the strength of her merit. 5. The learned Government Advocate for the State per contra relying on the provisions of Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018 (hereinafter referred to as ‘the Rules of 2018’) as amended in the year 2019, submits that the details regarding status and category of a candidate that is filled in by the candidate and is duly verified, cannot be changed after the last date for registration prescribed under the Rules. It is submitted that the petitioner had the opportunity to correct the details in her form but having failed to do so till the cutoff date, she cannot now be permitted to seek a direction to change her status and category. 6. We have heard the learned counsel for the parties at length. 7. It is submitted that the petitioner had the opportunity to correct the details in her form but having failed to do so till the cutoff date, she cannot now be permitted to seek a direction to change her status and category. 6. We have heard the learned counsel for the parties at length. 7. In the instant case, it is an admitted fact that the petitioner filled up the form as an OBC candidate on the strength of a certificate issued by the Tahsildar, District-Dhar dated 5-7-2017 (Annexure P/6), according to which the petitioner belongs to the OBC category as the income of her father from all sources was Rs.4 Lakhs. It is also evident that subsequently, on verification, the authorities have issued a fresh certificate to the petitioner clearly stating therein that the petitioner belongs to the creamy layer as the income of her father is more than Rs.8 Lakhs, i.e. Rs.13,25,000/. 8. Apparently the petitioner applied for admission in the MBBS course as an OBC candidate although she belongs to the creamy layer and was not entitled to the benefit of reservation under the OBC category. 9. In such circumstances, as the petitioner tried to play fast and lose with the system and in view of the provisions of Rule 6 of the Rules of 2018, she cannot be permitted to change her category nor can her case be considered for admission in the General category. 10. In view of the aforesaid, the petition filed by the petitioner, being merit less, is accordingly dismissed. Petition dismissed.