Sujoy Paul, J. - (1.)The singular question involved in this petition filed under Article 226 of the Constitution is whether petitioner after filling up the form of counselling and inserting 'No' before the entry whether he is domicile of State of M.P. can ask for a change in the entry relating to domicile and take benefit arising thereto.
(2.)Indisputably, petitioner preferred his candidature for MBBS and BDS Courses and appeared in the NEET U.G. Examination, 2021. By placing reliance on the educational qualification, certificates of Class-X and Class- XII of petitioner (Annexure P-1 and P-2 respectively), Shri S. M. Guru learned counsel submits that petitioner cleared both the examinations from State of M.P. Annexure P-3 is a domicile certificate of petitioner's father wherein the name of petitioner is also mentioned. Annexure P-4 is the form through which petitioner submitted his candidature for NEET Exam wherein his permanent address of Gohad, Bhind (M.P.) is mentioned. Shri S. M. Guru, learned counsel further submits that after getting the score card of NEET Test (Annexures P-5) when petitioner was required to fill up the counselling form, he committed an inadvertent mistake and in front of relevant entry whether he belongs to M.P. Domicile, he mentioned in capital letters as 'No'. In the result, the respondents in the impugned merit list treated the petitioner as a candidate not belonging to M.P. Domicile. This action of the respondents has a drastic impact on the petitioner's fate. If petitioner is treated to be a candidate having M.P. Domicile, his chances to get a government institution in State of Madhya Pradesh will be on higher footing in comparison to a situation which is flowing from the impugned merit list.
(3.)The bone of contention of Shri S. M. Guru learned counsel is that the documents Annexures P-1, P-2 and P-3 coupled with the entry of form Annexure P-4 makes it clear that petitioner is a permanent resident of Madhya Pradesh. Thus, a technical mistake committed by him while entering 'No' in the counselling form (Annexure P-8). This should not deprive him from the fruits of domicile which he otherwise possess.