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2013 Supreme(Del) 2147

V.K.JAIN
Anusar Gupta – Appellant
Versus
All India Institute of Medical Sciences, New Delhi – Respondent


Advocates:
For the Appellant : Mr A.K. Singla, Sr. Adv with Mr Nitink K. Gupta , Mr Deepak, Advs.
For the Respondent:Mr Mukul Gupta Sen, Ms Anjali Chauhan , Mr Rishab Kaushik, Advs for Respondent No. 1 Mr Sudhir Nandrajog, Sr. Adv with Mr Rajeshwar Dagar , Mr Swastik Solanki, Adv for R-3/Applicant.

JUDGMENT :

V.K. Jain, J.

The respondent No. 1, All India Institute of Medical Sciences, conducts entrance test for admission to various medical courses, including MDS. Central Educational Institutions (Reservation in Admission) Act, 2006, inter alia, provides out of the ‘annual permitted strength in each branch of study or faculty’, 27% seats shall be reserved for Other Backward Classes, it also provides for reserving 15% seats for Scheduled Castes and 7.5% for Scheduled Tribes. The respondent No. 1 held an all India examination for admission to various courses, including MDS on 12th May, 2013. The petitioner, who belongs to OBC category, appeared in the said examination and secured first rank amongst the OBCs candidates. The examination was held for five seats in MDS, comprising one seat each in Conservative Dentistry, Orthodontics and Oral & Maxillofacial Surgery and two seats in Prosthodontics. The grievance of the petitioner is that not even a single seat has been reserved for OBCs can















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