Once the selection process has begun, the prescribed selection criteria cannot be changed, and it is impermissible to change the rules of the game after the game has begun. The court emphasized the importance of following the prospectus and the settled principles of law in admission processes.

MANMOHAN, J.

1. Present writ petition has been filed challenging the Notification dated 07th April, 2016 issued by respondent-Guru Govind Singh Indraprastha University stating that the only such candidates will be eligible in reserved Other Backward Classes [for short “OBC”] whose caste is stated as OBC in the list notified by the Central Government or GNCT of Delhi. Petitioner further seeks a direction to respondent-University to grant her the benefit of reservation as an OBC candidate.

2. The petitioner is a 'Jat' who has a caste certificate issued by the State of Uttar Pradesh. It is pertinent to mention that Jats are OBCs even in Delhi.

3. The petitioner completed her MBBS under reserved OBC category from Vardhman Mahavir Medical College and Safdarjung Hospital affiliated to the respondent and had participated in the Post Graduate Medical Courses (for short “PGMC”) admissions for academic session 2016-17.

4. The prospectus for academic session 2016-17 like 2015-2016 session stated that the reservation policy of respondent-University “as applicable from time to time’ would be applicable. Respondent University in its counter affidavit filed in W.P.(C) 6329/2015, Sandeep Kumar vs. Guru Gobind Singh Indraprastha University and Ors. with regard to challenge to OBC admission in 2015-16 batch had stated that according to its reservation policy, persons having a caste certification from outside Delhi were also considered as OBCs in the reserved category. In the judgment dated 29th July, 2015 in Sandeep Kumar (supra), this Court in para 3(vii) had recorded respondent University's stand as follows:

"3. The respondent No.1 Guru Gobind Singh Indraprastha University (GGSIPU) in its counter affidavit, with respect to the aforesaid controversy stated:

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(vii) Since the institutional quota is reserved for MBBS graduates of respondent No.1 GGSIPU and the admission is done in Central Government administered institutions, all candidates who hold a valid OBC certificate from the place of their residence in any State in the country and have done MBBS from respondent No.1 GGSIPU are eligible for applying in the OBC quota."

5. In respondent-University's written exam, the petitioner secured 103rd Rank in the overall merit list. Just two days before the first counselling was scheduled to begin i.e. on 07th April, 2016, the respondent after having a re-look at its reservation policy in accordance with the judgment of this Court in Sandeep Kumar (supra), issued the impugned Notification stating that only those students who had been issued a caste certificate by the Government of Delhi, were eligible to apply under the OBC category.

6. Mr. Tanmaya Mehta, learned counsel for petitioner states that the application of impugned Notification dated 07th April, 2016 issued just two days prior to the scheduled date of counselling to the academic session 2016-17, is impermissible as it adversely affects the valuable right of the petitioner to be considered as an OBC candidate and which right was available to her at the time of publication of prospectus (January 2016), at the time of written exam (12th March, 2016) and at the time of declaration/publishing of results of the written exam (14th March, 2016), but was taken away just two days prior to scheduled date of counselling.

7. Learned counsel for petitioner submits that by virtue of the impugned Notification, the rules of the game have been changed after the game had begun. In support of his submission, he relies upon the following judgments:-

A. M. Kingston Vijay Asir vs. Medical Council of India & Ors., W.P.(c) 9841/2015 (High Court of Madras) wherein it has been held as under:-

“7. Admittedly, at the time of first phase of counseling, the condition imposed was that "option once exercised during the counseling cannot be changed later" and the petitioner has exercised his option to join M.D. (Radio Diagnosis), however, on account of alternations/amendments made during second and third phase of cou