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2025 DAILYLAW 17698 (HP)

UMANG SHARMA v. UOI AND OTHERS

CWP/9952/2025 · 2025-09-25

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:33384 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 9952 of 2025 Decided on : 25.09.2025 Umang Sharma …Petitioner Versus Union of India and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. P.P. Chauhan, Advocate (through V.C.), with M/s Shikha Rajta, Tara Devi and Urvashi Rajta. Petitioner along-with her father, is present. For the respondents : Mr. Kunal Thakur, CGC, for respondents No.1 & 3. Mr. Sanjeev Kuthiala, Senior Advocate, with Ms. Garima Kuthiala, Advocate (through V.C.), M/s Sana Rana and Tamanna Sharma, Advocate, for respondent No.2. Mr. Harish Kumar, from NTA in person. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:33384 for the following reliefs:- “a) Issue a Writ in the nature of Mandamus, or any other appropriate writ, order, or direction, commanding the Respondents, particularly Respondent No.2, to produce the entire original record of the petitioner (Roll No. 2402104161, Application No. 250410762582) as well as the original record of the candidate bearing Roll No. 2462164161 for the NEET (UG)-2025 examination, including their respective OMR sheets, for the kind perusal of this Hon'ble Court. b) Issue a Writ in the nature of Mandamus, or any other appropriate writ, order, or direction, directing the Respondent No. 2 to rectify the result of the petitioner by correctly evaluating her OMR sheet against her genuine Roll No. 2402104161 and to issue a fresh, corrected scorecard forthwith. c) Issue a Writ in the nature of Mandamus, or any other appropriate writ, order, or direction, commanding the Respondents to consider the petitioner for the counselling for and admission process MBBS/BDS/BAMS/Veterinary/B.Sc. Nursing courses for the academic session 2025-26 on the basis of her actual, meritorious score after re-evaluation.” 3 2025:HHC:33384 2. When this case was listed on 15.09.2025, the following order was passed:- “Heard for some time. In the event of the petitioner depositing an amount of Rs.10,000/- with the Registry of this Court on or before 19.09.2025, the respondents to produce the original O.M.R. Sheet of the petitioner on the next date of hearing. The Officer, who shall be producing the record, shall be compensated for the said amount being deposited by the petitioner and he shall, therefore, not avail the T.A./D.A. charges. As prayed for, list on 25.09.2025, on which date, record be produced.” 3. Today, original OMR sheet of the petitioner was produced before the Court in a sealed cover. The sealed cover was open and the same was shown to the petitioner, who is present in the Court along-with her father. Upon perusal thereof, the petitioner through her father submitted that the petitioner be allowed to withdraw the petition. 4. The petitioner is allowed to withdraw the petition. OMR sheet of the petitioner is returned back to the learned Senior Counsel for respondent No.2 by resealing the same. It is further ordered that in light of the issue raised in this writ 4 2025:HHC:33384 petition, this Court modifies its order dated 15.09.2025 and directs that the amount of Rs.10,000/-, which has been deposited by the petitioner with the Registry of this Court in terms of order 15.09.2025, be returned back to the petitioner. Further, the Officer who is present in the Court, shall be paid his usual T.A/D.A charges by the Department. It is clarified that this order is being passed by this Court taking into consideration that the petitioner is just a studen and an aspirant for admission in MBBS course and her having approached the Court should not be therefore penalized. 5. The petition is disposed of, in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 25, 2025 (Shivank Thakur)