IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :    27.09.2022

CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

Writ Petition No.26149 of 2022 and

W.M.P.No.25230 of 2022

P.Chrisma Victoriya

Minor   Rep. by his and Natural Guardian

F/o. Philip Raj Ravi  S/o. Susainathan

No.81/ 779  Brick Field Road  Kandhal

Pudhunagar  Udhagamandalam                       ….             Petitioner

-Vs-

• The State of India

Rep. by Principal Secretary to Government

Home Department Government of India       New Delhi

• National Testing Agency

Autonomous Organization  department of

Higher Education  Government of India  C-20

1A/8  Sector 62  IITK Outreach Center

Noida 201309

• National Medical Commission

Pocket 14  Sector 8  Dwaraka Phase 1  New      Delhi 110 077

• Principal Secretary to Government

Tamil Nadu Health and Family Welfare

Department  Government of Tamil Nadu

Fort St.George  Secretariat  Chennai.       …. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioners daughter representation dated 13.09.2022 and 21.09.2022 to show the original OMR Answer sheet  to the petitioner Minor Daughter and pass orders on the same by considering the urgency within the time stipulated by this Honble court.

For Petitioner	:   Mr.L.K.Charles Alexander
For Respondents	:   Mr.A.R.Sakthivel Central Government Standing Counsel-for R1 Ms.Sunita Kumari, Standing Counsel – for R2 Ms.Shubharanjani Ananth Standing Counsel – for R3 Mr.S.Rajesh, Government Advocate – for R4

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the petitioners daughter representation dated 13.09.2022 and 21.09.2022 to show the original OMR Answer sheet  to the petitioner Minor Daughter and pass orders on the same by considering the urgency within the time stipulated by this Court.

2. The petitioner attended the NEET Examination conducted by the second respondent viz., National Testing Agency (In short ‘NTA’). Though OMR Marks Statement has been uploaded by the NTA on 07.09.2022 itself, the grievance of the petitioner that she wanted to verify or see or peruse the original OMR answer sheet so as to satisfy herself whether the answers given by the petitioner have been properly evaluated and marks are given.  Therefore, the petitioner has given a representation through her father on 13.09.2022 and 21.09.2022 to the second respondent for production of the original OMR answer sheet to the petitioner for her perusal and in order to consider the said representation, the present writ petition has been moved.
3. Heard Mr.L.K.Charles Alexander, learned counsel for the petitioner, Mr.A.R.Sakthivel learned Central Government Standing Counsel for the first respondent, Ms.Sunitha Kumari, learned Standing Counsel for the second respondent, Ms.Shubharanjani Ananth, learned Standing Counsel for the third respondent and Mr.S.Rajesh, learned Government Advocate appearing for the fourth respondent.
4. Learned Standing Counsel for the respondents 2 and 3 on instructions would submit that, the copy of the OMR sheet can be produced to the petitioner and in this process there is no difficulty for the NTA. However, if the petitioner wants to see the original OMR answer sheet, the petitioner has to travel to New Delhi and attend the office of National Testing Agency (NTA) at Noida where the NTA is ready and willing to show the original OMR answer sheet of the petitioner for her perusal.
5. Having regard to the said submission made by the learned Standing Counsel for NTA, learned counsel for the petitioner submits that the petitioner is ready and willing to travel to New Delhi and attend the office of the second respondent at New Delhi and in this regard, a date shall be fixed and communicated by the second respondent through the counsel so that the petitioner can travel to New Delhi and present on that date to see the OMR Sheet.
6. Having regard to the above submissions, this Court is inclined to dispose of this writ petition with the following order.
   • That there shall be a direction to the second respondent to fix a date for the presence of the petitioner along with her father/guardian to visit the office of the second respondent at Noida within a period of ten (10) days from today and the date so fixed should be intimated in advance to the petitioner by sending an e-mail. That apart it may also be communicated through the learned Standing Counsel for the second respondent to the learned counsel for the petitioner also.

 

• On the date to be fixed and intimated by the second respondent, it is open to the petitioner along with her father / guardian to travel to the second respondent office, where, on the date and time to be fixed in this regard as indicated above, the second respondent would show the original OMR answer sheet to the petitioner, who can peruse the same.

7. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

27.09.2022

Index : Yes/No

Internet : Yes/No

KST

To

• The Principal Secretary to Government

Home Department Government of India, New Delhi

• National Testing Agency

Autonomous Organization  department of

Higher Education  Government of India  C-20

1A/8  Sector 62  IITK Outreach Center

Noida 201309

• National Medical Commission

Pocket 14  Sector 8  Dwaraka Phase 1  New Delhi 110 077

• Principal Secretary to Government

Tamil Nadu Health and Family Welfare

Department  Government of Tamil Nadu       Fort St.George  Secretariat  Chennai.

1. SURESH KUMAR, J.

KST

W.P.No. 26149 of 2022

27.09.2022