Read Time: 05 minutes

A writ of Mandamus  has been filed in the Delhi High Court seeking holding of NEET PG-21 Examination again.

The writ has been filed by the petitioner  who could not reach the examination centre on 11.9.2021 due to heavy rains, water logging of the roads and heavy traffic jam during the morning hours and remained absent from the examination despite best effort.

The petitioner got her Bachelor of Medicine and Bachelor of Surgery (MBBS) degree in 2018. Consequently, the petitioner submitted an online application for taking admission to MD/MS/PG Diploma Courses in 2021, floated by National Board of Examinations in Medical Sciences.

The petitioner has contended that on the day of the examination i.e. 11/09/2019, she left for the examination centre well before time. However, due to heavy rains in morning hours on 11.9.2021, there was water-logging everywhere which resulted into the heavy traffic jam, therefore, the petitioner could not reach the examination centre in time and remained absent from the examination.

The Petitioner has contended that along with her a number of other students have also missed the examination due to the same reason. However, the Respondents, are silent on the issue and  are acting like mute spectators on the issue which is pertaining to career of a number of students and the loss of one academic year which is already running late almost by a year. This silence and inaction on the part of the respondents are tantamount to the infringement of the fundamental rights of the petitioner guaranteed by the Constitution of India to be treated equally. Not giving chance to the petitioner to appear at NEET-PG 2021 by holding re-examination of NEET PG-2021 for the petitioner and other similarly. situated students will be a gross violation of the doctrine of equality contained in Article 14 of the Constitution of India.

The etitioner has contended that the balance of favours lies in favour of the petitioner as the respondent’s are well aware problems which were faced by the residents of Delhi on 11.9.2021 and incapacitated the petitioner and a number of students to reach the examination centre. To further solidify the arguments, the petitioners have also entered into evidence photographs of the water-logging along with news-paper reports.

The petitioner have prayed that the respondents may be directed to produce the records pertaining to the number of students who could riot appear at NEET-PG 2021 on 11.09.2021 and keep one seat vacant for the admission to MD/MS/PG Diploma courses in session 2021 during the pendency of the writ petition.

The matter is pending before Justice Prateek Jalan of Delhi High Court.

Case Title: Dr. Kritika Malviya v. Union of India & Anr.