Case Note & Summary
The judgment concerns four writ petitions filed by students who appeared for the NEET UG 2017 examination. The petitioners inadvertently mentioned incorrect dates of birth in their application forms. After the last date for correction had passed, they realized the mistake and approached the respondents for correction, but were refused on the ground that the Information Brochure did not permit any correction after the specified date. The petitioners then filed writ petitions seeking a direction to the respondents to accept the corrected date of birth and consider them for admission. The court noted that the mistake was bona fide and that the petitioners would otherwise be deprived of admission despite having secured qualifying marks. The court held that the brochure cannot override the court's power to grant relief in exceptional circumstances. The court directed the respondents to accept the corrected date of birth and consider the petitioners for counselling. The petitions were allowed.
Headnote
A) Constitutional Law - Right to Education - Correction of Date of Birth in Application Form - The court considered whether candidates who inadvertently entered incorrect date of birth in NEET UG 2017 application forms could be permitted to correct the same after the expiry of the correction window. The court held that in exceptional circumstances, where the mistake was bona fide and the candidate would otherwise be deprived of admission, the court can direct the authorities to accept the correction. (Paras 1-10) B) Medical Education - NEET UG 2017 - Correction of Application Form - The court examined the provisions of the Information Brochure for NEET UG 2017 which specified that no correction in date of birth would be allowed after the last date. The court held that the brochure cannot override the court's power to grant relief in cases of genuine hardship and that the respondents should consider the petitioners' request for correction. (Paras 11-15) C) Administrative Law - Legitimate Expectation - The court applied the principle that where a candidate has a legitimate expectation that a bona fide mistake would be corrected, the authorities should not frustrate that expectation by rigidly adhering to the brochure. The court directed the respondents to accept the corrected date of birth and proceed with counselling. (Paras 16-20)
Issue of Consideration
Whether the petitioners, who inadvertently mentioned incorrect date of birth in their NEET UG 2017 application forms, are entitled to correction of the same after the last date for correction had expired, and whether the respondents can be directed to accept such corrections and consider the petitioners for admission.
Final Decision
The court allowed the writ petitions and directed the respondents to accept the corrected date of birth of the petitioners and consider them for counselling for NEET UG 2017.
Law Points
- Correction of date of birth in application form
- Power of court to grant relief in exceptional circumstances
- Principles of natural justice
- Doctrine of legitimate expectation
