High Court · 2025
Facts
1 WP / 9573 / 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABADWRIT PETITION NO. 9573 OF 2025 Pathan Fatima Sadaf Pathan Taofique KhanAge : 22 years, Occu : Education,R/o. Gandhi Nagar, Dharmanbad,District – Nanded .. Petitioner Versus1] The Union of India Through Secretary, Department of Health and Family Welfare, Nirman Bhawan, New Delhi – 110 0112] The Directorate General of Health Services, For Medical Counselling Committee, Department of Health and Family Welfare, Nirman Bhawan, New Delhi – 110 0113] The National Medical Commission, Through Secretary, Pocket – 14, Sector – 8, Dwarka Phase – 1, New Delhi – 1100774] The State of Maharashtra, Through Commissioner and Competent Authority State Common Entrance Test Cell, 8th Floor New Excelsior Building, Fort, Mumbai .. Respondents...Advocate for the petitioner : Mr. Mahesh K. BhosaleAGP for the respondent – State : Mr. S.V. HangeAdvocate for respondent no. 4 : Mr. Chandrakant JadhavStanding Counsel for UOI : Mr. Amol Patale... CORAM : MANISH PITALE & Y.G. KHOBRAGADE, JJ.DATE : 05 AUGUST 2025 2 WP / 9573 / 2025 ORDER (PER – MANISH PITALE, J.) :It is a fresh petition listed for the first time but due to theextreme urgency in the matter, it has been taken up for considerationand orders finally, in the light of the fact that all the respondents arerepresented through counsel before this Court, particularly thecontesting respondent no. 4. 2.The petitioner is a student, who appeared for the NationalEligibility Cum Entrance Test (NEET – UG – 2025) examination as acandidate belonging to General – Economically Weaker Section (EWS)category. The present petition is filed for a direction to therespondents, particularly, the respondent no. 4, to consider her claim ofadmission to MBBS / BDS / B.Sc. Nursing Courses through NEET –UG – 2025 Counselling Process from the General – EWS category,permitting her to change the category in her form, from Open categoryto General – EWS category.3.It is the case of the petitioner, that due to inadvertentmistake on her part, she clicked the Open category instead of General– EWS category and that she moved the respondent no. 4 within thestipulated period of time for correcting the inadvertent mistake. Asthere was no response, she is constrained to move this Court urgently. 3 WP / 9573 / 2025 4.The petitioner filled the form for the NEET – UG – 2025Entrance examination on the portal of the National Testing Agency(NTA), which conducts such entrance examination. In the form, on theportal of the NTA, the petitioner correctly filled her category as General- EWS. She was issued an admit card of General – EWS category andeventually, the result was declared, showing that the petitioner hadrank of 66258 in the General – EWS category.5.Thereafter, as per the procedure prescribed by therespondent no. 4 ,in its information brochure for admission to HealthScience courses, based on the scores in the NEET – UG – 2025, thepetitioner filled the form prescribed by the respondent no. 4. It is at thisstage, that the petitioner mistakenly clicked on the Open categoryinstead of General – EWS and her form was registered. She had filledthe form on 26.07.2025 and realizing her mistake, she immediatelymoved the respondent no. 4 on 29.07.2025, requesting for change inher category, in the light of the fact that she had appeared for NEET –UG – 2025 conducted by the NTA in the General – EWS category.6.As per the norm, a ‘Ticket’ was generated from thehelpdesk. The petitioner generated two Tickets on 29.07.2025 itself,requesting for such change in category, but there was no responsefrom the respondent no. 4. Since the schedule declared by therespondent no. 4 for further steps in the matter showed that the rounds
Legal Reasoning
8 WP / 9573 / 2025 The impression gathered from the said stipulation, is that till thedeclaration of provisional merit list, the application for change ofcategory could be entertained, particularly, when a bona fide mistakelike the one committed by the petitioner in the present case, is noticed.16.The documents placed on record show that on 29.07.2025,realizing her mistake, the petitioner had moved the portal of respondentno. 2 at its helpdesk on two occasions, pleading for change in categoryfrom Open to General – EWS, on the basis that the petitioner throughthe process of examination of NEET – UG – 2025 conducted by theNTA was registered and continued to be a candidate belonging to theGeneral – EWS category. We are of the opinion that in this factualscenario, the respondent no. 4 ought to have responded positively,particularly when the process of admission as per the informationbrochure of the respondent no. 4 is undertaken on the basis of the datafetched from the NTA.17.The respondent no. 4 is not justified in relying upon recentnotice dated 30.07.2025, stating that change of category can bepermitted only within various categories of reservation when the abovequoted sentence in the information brochure indicates that change fromOpen category to Reserved category could be entertained till thedeclaration of the provisional merit list. 9 WP / 9573 / 2025 18.The latest notice issued by the respondent no. 4 dated31.07.2025, has revised the schedule for registration for admission toUndergraduate Health Science Courses and it shows that the date forpublication of provisional merit list is tomorrow (06.08.2025). We findthat the petitioner has been able to approach this Court in the nick oftime to pray for a direction to the respondent no. 4, to permit change ofcategory before the provisional merit list is declared.19.We are of the opinion that it would be travesty of justice,not to allow the prayer made by the petitioner in the facts andcircumstances of the present case. It is not as if allowing the prayerwould disturb the candidates already in the General – EWS category,for the reason that the result declared by NTA shows the petitioner asbelonging to the said category and her ranking is also given in the saidcategory i.e. General – EWS. There is no question that any othercandidate being disturbed, in the event the prayer made by thepetitioner is granted.20.The contention of the respondent no. 4 that the processhas advanced, cannot be accepted, for the reason that the declarationof provisional merit list is to take place tomorrow (06.08.2025) and thisCourt, therefore, can indeed issue a positive direction in favour of thepetitioner.
Arguments
4 WP / 9573 / 2025 of counselling and admission would start from 01.08.2025, this petitionwas urgently moved through circulation.7.Mr. Mahesh Bhosale, learned counsel appearing for thepetitioner submitted that a proper reading of the information brochurepublished by respondent no. 2 for NEET – UG – 2025, would show thatsuch a change of category can be undertaken before the declaration ofthe provisional merit list. Attention of this Court was invited to the latestnotice dated 31.07.2025, pertaining to the revised schedule. It wasemphasized that the publication of the provisional merit list would takeplace tomorrow (06.08.2025.) indicating that change of category couldbe undertaken within the time schedule as per the aforesaid stipulationin the information brochure.8.It was submitted that it would be a travesty of justice, ifsuch change of category is not permitted, particularly because thepetitioner from the very beginning, claims to be belonging to theGeneral – EWS category. She appeared for the NEET – UG – 2025 inthe said category and even her result and ranking is in the saidcategory. It was submitted that, therefore, this Court may considerallowing the writ petition in the interest of justice.9.Mr. Hange, learned AGP appeared for respondent nos. 2and 3. Mr. Amol Patale, learned counsel appeared for respondent 5 WP / 9573 / 2025 no. 1. Mr. Chandrakant Jadhav, learned counsel appeared forcontesting respondent no. 4.10.Learned counsel appearing for contesting respondentno. 4 relied upon clauses 7.3 (h) and (n), to emphasize that there is noprovision for change of category once the application form has beenregistered. It was submitted that a recent notice dated 30.07.2025issued by respondent no. 4, permitted change of category within thevarious categories of reservation and there is no provision for changeof category from Open to any of the Reserved categories. It wasfurther submitted that the petitioner cannot now be permitted to changeher category, once her form has been registered and the provisionalmerit list is to be declared tomorrow (06.08.2025).11.We have considered the rival submissions. We find thatthe petitioner has made out a case for granting relief in the peculiarfacts and circumstances of the present case. This is not a case wherethe petitioner is seeking change of category at the stage of the processof admission to Health Science Courses as per the informationbrochure issued by the respondent no. 4 for NEET – UG – 2025.without any background of having staked her claim of belonging toGeneral – EWS category. It would have been a different matter if thepetitioner, at the stage of filling the examination form, had registeredherself as an Open category candidate. In that situation, the stage now 6 WP / 9573 / 2025 having reached, where the NTA has completed its process andadmission under the aegis of respondent no. 4 is to be undertaken, theclaim of change of category would not have been entertained.12.In fact, in a recent order dated 01.08.2025 passed in writpetition no. 9394 of 2025 (Shravan Santosh Bhansali Vs. The State ofMaharashtra and others) with connected petitions, this Court refused toentertain such a prayer, for the reason that the petitioners therein hadregistered themselves as open category candidates instead of Personswith Disability (PwD) category candidates. The NTA had declared theresults and shown their ranking in open category and at the stage ofcounselling and admission being undertaken by respondent no. 4, thepetitioners therein had sought change of category on the basis thatthey now had the disability certificates. This Court found that allowingthe prayer of such candidates would disturb the entire process, for thereason that the NTA had already declared the result and given rankingscategory-wise and that candidates already given rankings in the PwDcategory, would be disturbed in that situation.13.The facts of the present case are clearly distinguishable.Documents on record show that the petitioner indeed registered herselfin General – EWS category on the portal of NTA while filling up theentrance examination form in the NEET – UG – 2025. She was issuedan admit card in the General – EWS category. Her result was also 7 WP / 9573 / 2025 declared in the General – EWS category with her ranking in the saidcategory specifically shown as 66258.14.It is also undisputed that when the respondent no. 4undertakes the process of counselling and admission through variousrounds, it picks up the data as it is from the NTA. Therefore, in so faras the petitioner is concerned, her data filled with the NTA, wouldclearly show her as a General – EWS category candidate, havingsecured ranking in the said category. It would be a mismatch if theregistration of the petitioner with the respondent no. 4 is continued asan Open category candidate because of the mistake committed by thepetitioner while filling in the form and registering herself on the portal ofthe respondent no. 4, on 26.07.2025.15.It is relevant to note that although, in the informationbrochure, the clauses upon which, the learned counsel for therespondent no. 4 has placed emphasis, do indicate that once theapplication form is submitted, correction of entries may not be possible,the note appended at the end of clause 9.4.1 pertaining toconstitutional reservations specifically stipulates as follows :“All applications for change in category from open to reserveafter the declaration of provisional merit lists will be straight wayrejected”.
Decision
10 WP / 9573 / 2025 21.In view of the above, the writ petition is allowed in terms ofprayer clause (B), which reads as follows :-“B] By issuing the appropriate writ, order, direction or anyother appropriate order in the nature of writ, the Hon’bleHigh Court may be pleased to direct the respondentauthorities to consider the claim of petitioner for herNEET-UG (MBBS/BDS/B.Sc. Nursing) Counselling 2025admission process from General EWS Category.”22.The respondents, particularly, the respondent no. 4 isdirected to act immediately upon the aforesaid prayer being granted.23.Pending applications, if any, also stand disposed of. [ Y.G. KHOBRAGADE ] [ MANISH PITALE ] JUDGE JUDGEarp/