'High Time That Candidates Be Made To Own Up For Their Mistakes': Madras High Court Rejects NEET Candidates' Plea For Change Of Community Status

'High Time That Candidates Be Made To Own Up For Their Mistakes': Madras High Court Rejects NEET Candidates' Plea For Change Of Community Status 

Akshita Saxena

30 Nov 2020 8:24 PM 

Taking a strict view against NEET aspirants who wrongly mentioned their communal status as 'General' instead of 'OBC' in the applications, the Madras High Court remarked that Courts cannot keep on condoning the mistakes year after year, and such candidates must be made to own up for their mistakes. 

While dismissing a batch of writ petitions filed for change in their community status in the NEET applications after declaration of the result, a Bench of Justice Anand N. Venkatesh said, 

"Courts cannot keep on condoning the mistakes year after year and somewhere the Courts must close the gate and stop interfering in cases of this nature. Any directions issued by this Court results in overburdening the authorities to redo the entire exercise for the mistakes committed by some candidates. Considering the volume of applications received by the Testing Agency and preparing the rank list, it will not be fair to make the agency undertake the exercise of preparing the rank list all over again." 

The Judge added, 

"Such directions will also affect the rights of the other candidates who are participating in the same selection after giving the correct particulars. It is high time that the candidates will have to be made to own up for the mistakes committed by them. It is true that it will have an adverse effect on the aspiration of the 

The Petitioners' case was that while mentioning their communal status, they had identified themselves to fall under the Unreserved (UR) category and it is only when the results were declared and the scorecard was issued, did they realize that they had wrongly mentioned their category as UR, instead of OBC. 

It was stated that an inadvertent mistake committed while submitting the online application while filling up the category, should not be put against the young students, who are aspiring to undergo the medical course and become doctors. 

Rejecting these claims, the Court said, 

"In the present case, the mistake committed by the petitioners while filling up the category by itself cannot be seen as a factor which sealed the fate of the petitioners. The petitioners and other candidates were provided with various opportunities to make corrections in the particulars that were provided while filling up the online Application Form, including their category. Right from January 2020 up to September 2020, at least during eight occasions candidates were informed to make corrections if there are any mistakes in their applications submitted by them through online. It is not known as to why the petitioners did not utilize this opportunity to correct the category from UR to OBC. The stand taken by the petitioners that such opportunities given by the Testing Agency through online mode, was not known to them, is totally unacceptable to this Court." 

It sternly remarked, 

"Submitting the application through online mode has now become a norm and the students of the present generation are getting well acquainted with this new norm." 

The pleas were opposed by the National testing Agency, which submitted that the question of correcting the Petitioners' community cannot be entertained as it is their fault for not filling the application properly, notwithstanding the clear instructions given in the Information Bulletin. Apart from that, the authority submitted, the petitioners did not utilize as many 8 opportunities given to correct the online applications form. 

NTA further submitted that nearly 13.67 lakhs candidates had appeared in NEET examination and marks obtained by the Candidates on percentage wise as well as cut off score for counseling and ALL INDIA QUOTA seats were already declared. Thus, at this stage, it is not possible to make changes in the category of any of the candidates after perpetration of results as it will result in renumbering of the merit list etc., in respect of various categories of candidates. 

Concurring with these submissions, the Court said, 

"If the petitioners are permitted to change their category from UR to OBC after the rank list is published, it will definitely affect the substantive rights of other candidates who have given the correct information with regard to their category/communal status. If such correction is permitted at this stage, it will open floodgates and it will also result in the authorities redoing the entire exercise by preparing the rank list once again." 

Reliance was placed on ARManoj v. NTA, WP No. 16330/2019, whereby a coordinate Bench of the High Court rejected the claim made by the petitioners therein on the ground that the candidates who do not undertake the corrections in spite of several opportunities given to them, cannot be permitted to knock the doors of this Court after the rank list is published. 

"This Court must maintain some consistency in matters of this nature and more particularly when this Court has taken a particular view in the previous academic year, on the very same issue. If this Court keeps changing its views every academic year on the very same issue, it will bring inconsistency and result in utter chaos. The litigants, who approach this Court should be given a clear picture on the view taken in a particular issue and it should not keep vacillating from one Judge to another," Justice Venkatesh remarked. 

Further, he rejected to follow the precedent in B. Darshini v. CBSE & Ors., WP No. 20999/2017, where the High Court condoned the inadvertent mistake committed by the petitioners and permit them to participate in the selection under OBC category. 

The Judge noted that those were cases where the merit list was not issued and the counselling had not taken place when the request was made. Thus, he was of the opinion that those Orders will have no application in the present case since admittedly the merit list has already been published by the National Testing Agency. 

"Insofar as the Order passed in the Writ Appeal is concerned, it related to a completely different selection for Bachelor of Design conducted by National Institute of Fashion Technology. The Division Bench took into consideration the peculiar facts of the case and granted the relief. That does not mean that this Order can be taken as a precedent in every case where such mistakes are committed in filling up the application, forever. It must be borne in mind that a precedent cannot be followed mechanically by Courts without seeing the facts of the particular case. Even little difference in facts, can make a precedent inapplicable to the facts of a given case," the Court held. 

Case Title: S. Sivakumar v. Govt of India & Ors. 

MP Varsity Moves NMC, Health Ministry Seeking More Time On Reopening Of Medical Colleges

MP Varsity Moves NMC, Health Ministry Seeking More Time On Reopening Of Medical Colleges

By Sanchari Chattopadhyay

Published On 30 Nov 2020 5:59 PM 

Updated On 30 Nov 2020 5:59 PM 

Madhya Pradesh: Following the direction of the National Medical Commission (NMC) to open all the medical colleges by December 1st, the medical colleges under the Madhya Pradesh Medical Science University (MPMSU) has sought some more time from the government regarding the same. 

The Medical Colleges may not be able to restart the classes from December 1st. The University has recently forwarded a letter of NMC and the Ministry of Health and Family Welfare to the deans of all medical colleges in the state and sought their opinion on the re-opening of the medical colleges. 

All Medical Colleges To Reopen From December 1 The deans of several universities are suggesting that though they have secured the nod from the central government to start the classes, it will require several preparations to ensure that precaution is taken against the pandemic. NMC has already issued guidelines regarding the generic preventive measures of COVID-19 and the appropriate behavior of institutions regarding the same.

However, in order to follow the guidelines and to ensure the safety of all the medicos, the institutions will need to arrange safety measures before opening the colleges. Also Read - MBBS candidates need to be physically present for admission process at allotted medical college: MP DME Vice-Chancellor of MPMSU Dr. TN Dubey told Fresspress Journal, "We have initiated discussions and taking advice from the state government over the orders of NMC. We have also asked the Deans of all medical colleges to give their opinion on the same. Decisions will be taken after discussing the government and the medical colleges." The colleges will also need to fix the quarantine time period for the students and then necessary decisions regarding the same should be taken as student's safety cannot be compromised. 

Meanwhile, Dean of Mahatma Gandhi Memorial Medical College Dr. Sanjay Dixit also stated, "University has asked us to give our opinion over the same. We have informed the university about our stand and will take steps according to the orders by them." However, according to the daily, another private medical college at Indore has already completed preparations to hold classes for MBBS and BDS medicos and has already issued a circular suggesting the same.

Before reopening the colleges, the institute has to ensure that all the instructions of NMC, like maintaining a physical distance of 6 fits, following respiratory etiquettes, using masks, and arranging all kinds of sanitization measures, are properly followed.

https://medicaldialogues.in/state-news/madhya-pradesh/mp-varsity-moves-nmc-health-ministry-seeking-more-time-on-reopening-of-medical-colleges-71978

Madras HC censures Tamil Nadu for withdrawing Ex-IAS officer U Sagayam’s security

Madras HC censures Tamil Nadu for withdrawing Ex-IAS officer U Sagayam’s security

The bench directed the state to maintain the status quo of the protection provided to Sagayam and other officers as on March 16, 2018, till further orders.

Published: 30th November 2020 09:49 PM 

By Harish Murali

Express News Service

CHENNAI: Pulling up the Tamil Nadu government for withdrawing the security provided to retired IAS officer U Sagayam, who probed the illegal granite mining scam, the Madras High Court on Monday observed that revoking the protection for special officers violates the court’s orders.

"We had made it clear in our order dated March 16, 2018 that no person, who is involved in carrying out the duties assigned by the court should be victimised or threatened, in any manner, and this is sovereign duty of the State to effect necessary protection to those concerned, who have discharged duty in accordance with law," a special bench, comprising Justices T S Sivagnanam and G Jayachandran, observed.

The bench directed the state to maintain the status quo of the protection provided to Sagayam and other officers as on March 16, 2018, till further orders.

The issue relates to a PIL moved by Traffic KR Ramaswamy in 2014 that the state had incurred a heavy loss due to the irregularities in granting mining leases.

During the hearing, the state also submitted that several districts had already begun to take measures in installing cameras in district borders as well as in the state.

Advocate General Vijay Narayan also said that some of the districts have approached ELCOT for assistance in setting up the cameras and sought at least two months for compliance.

The bench, during the hearing, also raised queries on the data collected to be shared within the department. "It is the revenue department that seizes the granites and takes action, however, based on the report submitted it appears the police department has the maximum number of cameras set up across the state,” said the bench.

The special bench refused to grant the time sought, and directed the state’s chief secretary to complete the installation expeditiously and file a status report on December 11.

Revolving fund created for MBBS, BDS seats

Revolving fund created for MBBS, BDS seats

The Director of Medical Education had submitted the tentative expenditure towards MBBS and BDS admission under the quota as Rs 15,85,05,032.

Published: 01st December 2020 04:55 AM 

For representational purposes

By Express News Service

CHENNAI: The Tamil Nadu government on Monday created a revolving fund of Rs 16 crore, for the first-year, towards the expenses of students who secured a seat under the 7.5 per cent reservation in the State quota of MBBS and BDS seats this year.

The funds will be operated by the Tamil Nadu Medical Services Corporation Limited to enable payment of all types of essential and hostel fees for students who got an admission under the quota, said an order issued by J Radhakrishnan, principal secretary to the Health and Family Welfare Department.

The Director of Medical Education had submitted the tentative expenditure towards MBBS and BDS admission under the quota as Rs 15,85,05,032. While Rs 12,74,08,000 has been allotted for students in self-financed medical and dental colleges, the rest is for students in government institutions.

While expenditure has been sanctioned as an item of “New Service,” the government, in its order, said the approval of the legislature will be obtained in due course. The government has also said that separate action will be initiated to replenish the revolving fund from the available benefits of eligible scholarship and educational assistance from other departments.

The Director of Medical Education has been asked to calculate the exact amount required for the period up to the next supplementary estimates and apply for sanction of an advance from the Contingency Fund from Finance (BG -I/ Health - II) Department. Initially, the Managing Director, Tamil Nadu Medical Services Corporation Limited, will be permitted to meet out any expenditure from the Personal Deposit Account and the same will be reimbursed from the contingency funds.

Coimbatore: Daily wage labourer’s daughter secures BDS seat

Coimbatore: Daily wage labourer’s daughter secures BDS seat

Swetha said her father, a daily wage worker at a lathe workshop, bought her textbooks since he could not afford a smartphone for her to attend online NEET coaching.

Published: 01st December 2020 05:02 AM | Last Updated: 01st December 2020 05:02 AM 

Swetha Packiyam

By Express News Service

COIMBATORE: In the first phase of Medical Counselling 2020-2021 that began with allotment of seats for government school students under the 7.5 per cent horizontal quota, one R Swetha Packiyam (18) from here secured a BDS programme seat at a private college.

A student of the Corporation Girls Higher Secondary School (academic year 2019-2020) in Ramakrishnapuram, Swetha scored 142 marks out of the 720 marks in NEET-2020 without attending any coaching class.

Swetha and her family were on cloud nine when the State government announced that it would bear the educational expenses of students like her. However, when the college administration asked her to pay Rs 55,000 immediately as material fee, she was genuinely worried. Thanks to her school teachers, a chunk of the material fee was pooled in.

Headmistress of the Ramakrishnapuram Corporation Girls Higher Secondary School, P Palaniammal, said, “Soon after we came to know that she secured a seat in a dental college, we started pooling in money. We managed to collect around Rs 46,000. The remaining amount was paid by Swetha’s family.” It was using a portion of the collected money Swetha had gone to Chennai to attend the counselling, Palaniammal added.

Swetha thanked the State government for its decision to bear the tuition fee of students like her. “My teachers’ timely aid helped me secure this seat,” she added.

Swetha said her father, a daily wage worker at a lathe workshop, bought her textbooks since he could not afford a smartphone for her to attend online NEET coaching. It was with the help of those books she cracked NEET. Her teachers solved her doubts whenever she got one. She added, “I’m a first-generation graduate and the sole person to pursue medicine from my family.”

Rajini still uncertain over political debut, says will take decision as soon as possible

Rajini still uncertain over political debut, says will take decision as soon as possible

Addressing reporters after the meeting with Rajini Makkal Mandram functionaries, Rajinikanth said, "District secretaries expressed their opinion and I also shared my views."

Published: 30th November 2020 01:22 PM 

By S Kumaresan

Express News Service

CHENNAI: Uncertainty continued over actor Rajinikanth's political entry as Friday’s much-anticipated meeting of the district secretaries of the Rajini Makkal Mandram (RMM) ended without getting any concrete information from the actor.

Addressing reporters at the entrance of his Poes Garden house after the crucial meeting, Rajinikanth said, “District secretaries expressed their opinion and I also shared my views. And they assured me that they will stand by me whatever be the decision I take. I will take a decision as soon as possible.”

The consultative meeting was held at Raghavendra Mandapam, Kodambakkam, on Friday. A total of 36 district secretaries were invited by the actor. Following the invitation, the district secretaries gathered at the Mandapam around 9 am. All the district secretaries were let into the Mandapam after thermal scanning and following standard operating procedures for COVID-19.

Rajinikanth reached the Mandapam around 9.45 am and the meeting started around 10am. According to sources, all the district secretaries enquired about the health of the actor following tweets on his health condition. The actor also enquired about the health status of the district secretaries and the COVID-19 status of their respective districts and impact of the Nivar cyclone with some Northern district secretaries.

Later, he discussed the launching of a political party despite the pandemic situation. Most of the fans said that there is no pandemic situation right now and most probably COVID-19 is under control in the state as the number of new cases has been decreasing for the last one-and-a-half months.

While a section of district secretaries said the actor shouldn't be late in announcing the political party, most of them said he should make a decision as per his health condition as their priority is his health rather than political entry.

At the same time, all of them urged that if he launches the political party, he should be the Chief Minister candidate, otherwise the party won’t get enough votes to form the government.

After hearing their opinions, the actor said that he will take an appropriate decision at the right time and they should carry out public services without fail and he urged that his birthday should be celebrated to offer assistance to the needy without pasting any posters and paper ads.

From 145 to 620, Dhivyadharshini's 2-year journey to medical seat

From 145 to 620, Dhivyadharshini's 2-year journey to medical seat

Dhivyadharshini assures that even without the 7.5 per cent reservation for government school students, she would have easily secured a seat this year.

Published: 01st December 2020 04:58 AM 

S Dhivyadharshini

By Sushmitha Ramakrishnan

Express News Service

CHENNAI: While children in primary school dressed up as mythological or other characters for fancy dress competitions, S Dhivyadharshini always strutted in as a doctor. She is among the first few candidates from a government school in Tamil Nadu who secured an MBBS seat in the first round of medical counselling this year.

The student from Government Higher Secondary School, MMDA Colony, Arumbakkam, scored 620 in her attempt at NEET. From 145 in her first attempt in 2018, she says getting an MBBS seat at Madras Medical College, was a journey of perseverance.

“When I was a child, my mother told me that I should choose a profession that blended with my personality. I have always wanted to help the poor and needy and becoming a doctor was the way I knew I could do it,” she said adding that in the long run, she wants to work only at a government hospital, which provides free treatment.

Dhivyadharshini assures that even without the 7.5 per cent reservation for government school students, she would have easily secured a seat this year. “When I scored 145, I was not devastated. I identified the mistakes and tried not doing the same in 2019 test, where I scored 466,” she said. However, she was four points shy of the cut-off for government colleges and could not afford private college education.

“I realised that I had lost some points to silly shading errors. This was a lesson in patience and learning to be a perfectionist,” she said emphasising that the long wait would have been impossible without the consistent support from her family and school. Her mother is a teacher at a government school and her father is a caterer. “They would have allowed me to wait another year and attempt the exam if I did not make it this time,” she said.