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Judgment
Aniruddha Roy, J. :
Upon urgency being shown and since regular determination has been assigned before this Bench, the matter has been taken up for consideration after being satisfied with the urgency involved therein.
Facts :
The petitioner is an aspirant for the NEET UG 2026. An issue has been cropped up with regard to his Domicile Certificate as per the requirement for participation in the Counseling process. The petitioner has not yet been aware of whether his candidature has been cancelled or not on the issue of Domicile Certificate.
In view of the above, since the future of an aspirant for medical education is involved in the equitable jurisdiction, this Court passes the following directions :
Petitioner shall serve a copy of complete set of the writ petition along with a copy of today’s order upon the respondent no.3 forthwith;
The respondent no.3 upon issuing a prior seven days’ notice of hearing to the petitioner shall decide the issue in the light of the case made out in the writ petition with regard to the Domicile Certificate of the petitioner after granting him an opportunity of hearing and by passing a reasoned order in accordance with law;
The entire exercise shall be carried out and completed by the respondent no.3 within three weeks from the date of communication of this order;
The reasoned order shall be communicated to the petitioner within a week after the same is passed;
In the event, the reasoned order goes in favour of the petitioner, the respondent no.3 and/or any other appropriate authority shall take all necessary and consequential steps to give an immediate effect thereto but expeditiously.
It is made clear that, this Court has not expressed any opinion on the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points he wishes to urge by relying upon whatever records and documents he wishes to rely upon before the respondent no.3 but the same shall not travel beyond the scope of the writ petition and shall be restricted only on the issue of Domicile Certificate.
This order shall not create any right or equity in favour of the petitioner, if the petitioner is not eligible to receive his claim with regard to the Domicile Certificate strictly in accordance with law.
It is clarified that, in the event the reasoned order goes in favour of the petitioner and if he otherwise comes within the consideration zone on his own merit to avail of the State quota/college, the candidature of the petitioner shall be considered strictly in accordance with law.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
This order, however, shall not be treated as a precedence.
With the above observations and directions this writ petition, WPA 22940 of 2026 stands disposed of without any order as to costs.
Parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Photostat certified copy of this order, if applied for, be furnished to the parties on usual undertaking.