Facts
The petitioner applied for NEET-UG 2026 as a General Category candidate. After the results were declared on 16 July 2026 and counselling had commenced, she applied for and received an OBC-NCL certificate dated 12 September 2026.
Source reference: pp. 2–4She sought a direction permitting her to participate in the 15% All India Quota counselling as an OBC-NCL candidate, proposing that she be placed at the bottom of the OBC-NCL list and considered only if seats remained after other eligible candidates were considered.
Source reference: pp. 2–4The respondents opposed the request, stating that the NTA had provided a correction window before declaration of results and that the petitioner had not used it.
Source reference: pp. 6–7The petitioner relied on A.L. Vivek and Dolly Chhanda; the respondents relied on decisions refusing post-result category changes.
Source reference: pp. 4–9Issues
Whether a candidate who applied as a General Category candidate and obtained an OBC-NCL certificate after declaration of NEET-UG results could be permitted to change category for counselling.
Source reference: pp. 7–11Whether the petitioner could be included at the bottom of the OBC-NCL merit list and considered for any vacancies without displacing candidates already ranked in that category.
Source reference: pp. 4–5, 10–11Law Applied
Under the NEET-UG 2026 counselling bulletin, clauses 8 and 9, MCC will not entertain requests to change information furnished during online registration, including category; the NTA application particulars are pre-populated and used for counselling.
Source reference: p. 9The Division Bench in The Chairperson, National Testing Agency v. Minor M. Vikram Balaji, W.A. (MD) No. 739 of 2019, held that a post-result request to change communal category cannot be allowed where correction opportunities were provided, because it may affect the merit list.
Source reference: pp. 8–9The Court treated that Division Bench principle as binding.
Source reference: p. 10Dolly Chhanda v. Chairman, JEE concerned correction of a defective certificate supporting an entitlement already claimed, not a fresh category claim made after results.
Source reference: pp. 5–6, 9The order in A.L. Vivek directing consideration at the bottom of an OBC list did not establish a general entitlement to such relief under a different counselling scheme.
Source reference: pp. 4–5, 10Under Article 226, the Court declined to direct an exception to the applicable counselling rules merely because the petitioner offered to be considered after other candidates.
Source reference: pp. 10–11Reasoning
The petitioner’s OBC-NCL claim was first made after the results were declared; it was therefore a request to change category, not a request to cure proof of an entitlement claimed during the application process.
Source reference: pp. 7, 9Because correction opportunities had been provided and the counselling bulletin barred category changes, the Court applied the Division Bench ruling in Vikram Balaji and held that the request could not be allowed.
Source reference: pp. 6–10The proposed placement at the bottom of the list did not cure the problem: inclusion in that list presupposed a valid claim to the category, and the existence of vacancies did not displace the counselling rules.
Source reference: pp. 10–11Neither Dolly Chhanda nor A.L. Vivek required a different result.
Source reference: pp. 9–10Holding
The Court held that the petitioner was not entitled to change her category to OBC-NCL after declaration of the results or to be considered at the bottom of the OBC-NCL list.
The writ petition was dismissed, with no order as to costs.
Source reference: p. 11Original Court PDF
KEERTHI VvsTHE SECRETARY
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
