Fida Fathima a Vs National Testing Agency (Ntc)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18-12-2025

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CORAM

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THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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W.P.No.22863 of 2025

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Fida Fathima,A. D/o. Abdul Nazer K., Residing at G2, No.36, Sudarsan Enclave, Narasimhan Street, Muthuvel Nagar, Thambaram East, Chengalpattu, Tamil Nadu -600 059.

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….Petitioner

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Vs

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1.National Testing Agency (NTA), Represented by the Director General, First Floor, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi-110 020.

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2.Union of India Represented by the Secretary, Department of Higher Education, Ministry of Education, 127/C, Shastri Bhawan, New Delhi-110001.

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3.Department of Health & Family Welfare, Ministry of Health and Family Welfare, Represented by the Secretary, Room No.156-A, Nirman Bhawan, New Delhi-110011.

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4.National Medical Commission (NMC) Represented by The Secretary,

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https://www.mhc.tn.gov.in/judis

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Pocket-14, Sector -8, Dwarka Phase -1, New Delhi-110077.

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5.The Registrar, Justice Basheer Ahmed Sayeed College for Women (Autonomous), (NEET 2025 Examination Centre) 56, K.B.Dasan Road, Teynampet, Chennai 600018.

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6.The Director General of Police, Tamil Nadu Police Headquarters, Dr.Radhakrishnan Salai, Mylapore, Chennai 600004. (RR5 and R6 impleaded as per the order of this Court made in W.M.P.No.48360 of 2025 in W.P.No.22863 of 2025 dated 18.12.2025 by DBCJ)

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...Respondents

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PRAYER:

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Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first and fourth respondents to pay a compensation of Rs.5,00,000/-(Rupees five lakhs only) as public remedy for violation of fundamental rights of the petitioner under Article 14,15,19(1)(a), 21 and 25(1) of the Constitution of India.

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For Petitioner: No appearance For Respondents: Ms.Sunita Kumari, Standing Counsel for R1 Mr.R.Rajesh Vivekananthan, Deputy Solicitor General of India for R2 and R3

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Mr.Shubharanjani Ananth, Standing Counsel for R4

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https://www.mhc.tn.gov.in/judis

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ORDER

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This writ petition is filed seeking for three reliefs. Firstly, a direction to consider the representation dated 26.05.2025; secondly, to conduct an impartial inquiry into the actions of the authorities present at the examination centre on 04.05.2025; and thirdly, to pay a compensation of Rs.5,00,000/- for violation of the fundamental rights of the petitioner.

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The case of the petitioner is that she appeared for the NEET UG examination on 04.05.2025 and her examination centre was Justice Basheer Ahmed Sayeed College for Women. While entering the venue itself, she was forced to remove her Hijab, which caused grave mental agony and trauma. Inspite of her properly filing up the application form under the column as to whether the candidate intends to wear customary dress, contrary to the dress code, while appearing in the NEET examination and when she had answered “yes” in respect thereof, and when she was wearing the dress of her choice, which includes a Hijab, which is also sacrosanct for her, the authorities erred in asking her to remove the same. On account of the grave trauma, she had to breakdown before the other candidates and she had no option but to comply with the arbitrary, unreasonable, illegal and discriminatory procedure imposed by the authorities of the NEET examination centre. It is submitted that she had experienced a humiliating situation and was forcibly made to remove the

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https://www.mhc.tn.gov.in/judis

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headscarf by the authorities.

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The writ petition is contested by the first respondent by filing a counter.

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The respondent submits that the averments made in the affidavit filed in support of the writ petition are factually incorrect. It is stated that, except to the extent required for frisking and for biometric verification, including the face verification, the petitioner was not forced to remove the hijab. The CCTV footage, where it can be seen that the petitioner wrote the examination by choosing not to wear hijab, is retrieved and the images therefrom is also filed in Page 16 of the typed set of papers filed on behalf the first respondent.

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It is the petitioner’s choice to have not worn her hijab back. As a matter of fact, in the very same hall, in which the petitioner was writing the examination, the Invigilator herself is wearing a hijab. Further, the other images of several other candidates wearing the hijab and entering the venue as well as writing the examination with the hijab are also produced.

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Therefore, when the very issue as to whether the petitioner was forced to remove the hijab or whether she felt comfortable in removing the same and writing the examination, is a disputed question of fact, this Court cannot decide the issue in a writ petition under Article 226 of the Constitution of India. When the petitioner seeks compensation, it is for her to approach the appropriate civil

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https://www.mhc.tn.gov.in/judis

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Court to establish the same and it will also be open for the respondent authority to contest the matter in the manner known to law.

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Keeping open the said liberty, the Writ Petition stands disposed of. No

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costs.

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18-12-2025

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Neutral Citation:Yes/No ari

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To

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1.The Director General, National Testing Agency (NTC), First Floor, NSIC-MDBP Building, Okhla Industrial Estate, New Delhi-11 0020.

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2.The Secretary, Union Of India Department, Of Higher Education, Ministry Of Education, 127/c, Shastri Bhawan, New Delhi-110001.

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3.The Secretary, Department Of Health And Family Welfare Ministry Of Health And Family Welfare, Room No.156-a, Nirman Bhawan, New Delhi-110011.

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4.The Secretary, National Medical Commission (NMC) Pocket-14, Sector -8, Dwarka Phase -1, New Delhi-110077.

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https://www.mhc.tn.gov.in/judis

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5.The Registrar, Justice Basheer Ahmed Sayeed College for Women (Autonomous), (NEET 2025 Examination Centre) 56, K.B.Dasan Road, Teynampet, Chennai 600018. 6.The Director General of Police, Tamil Nadu Police Headquarters, Dr.Radhakrishnan Salai, Mylapore, Chennai 600004.

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‘

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https://www.mhc.tn.gov.in/judis

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D.BHARATHA CHAKRAVARTHY, J.

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ari

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W.P.No.22863 of 2025

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18-12-2025