The present appeal is directed against the order dated 28th September, 2010 passed by the learned Single Judge in WP (C) No. 6436/2010.

2. The facts which are requisite to be exposited are that the first respondent, namely, All India Institute of Medical Sciences (for short „AIIMS?) while conducting admission for the post of Post-Graduate / Post Doctoral / MDS pursuant to entrance test held in May, 2010 did not consider the case of the appellant in the general category on the base and foundation that he belongs to OBC category.

3. The learned Single Judge referred to his own order dated 19th August, 2010 passed in WP (C) No. 4230/2010 (Dr. Jagveer Singh v. The Chairperson, Counselling Committee, Academic Section, AIIMS) and opined that the action taken by the AIIMS was unsustainable and issued directions to the said respondent to allow candidates belonging to the reserved category to compete in the general / unreserved category from the next academic session.

4. Be it noted, though the learned Single Judge came to hold that there was illegality in the process of admission and injustice had been caused to the petitioner, distinguished the decisions in Vijay Jaimn