Point of Law : Rules of the game cannot be changed after the select list is published is, not applicable to the facts of the present case; in that case, a policy change to exclude central categories was brought in at the last minute.

JUDGMENT :

REKHA PALLI, J.

1. The Petitioners who are candidates falling in the Delhi OBC list have approached this Court under Article 226 of the Constitution of India, assailing the notice dated 10.01.2022, issued by the Medical Counselling Committee (hereinafter referred to as 'the MCC'), whereby OBC reservation criteria has been modified with regard to Institutional Preference Seats in the Central Institutes.

2. The MCC, which is respondent no.1, is an organization under the Directorate General of Health Services (hereinafter referred to as 'DGHS')'. The MCC is responsible for online allotment of seats for undergraduate, postgraduate and super-specialty medical and dental courses in government-run/aided colleges and deemed-to-be-university colleges on the basis of the candidates' score in the National Eligibility cum Entrance Test (hereinafter referred to as 'NEET'). The factors which are considered during allotment are merit, reservation eligibility and the preference list submitted by the candidates. Guru Gobind Singh Indraprastha University (hereinafter referred to as 'GGSIPU'), formerly known as 'Indraprastha University', which is a state teaching-cum-affiliating university, located in the NCT has been arrayed as respondent no. 2 in the present petition.

3. On 23.02.2021, the National Board of Examination in Medical Sciences (hereinafter referred to as 'NBEMS'), which is an autonomous body under the Ministry of Health and Family Welfare (hereinafter referred to as ‘MoHFW) established with the objective of standardizing postgraduate medical education and examination in India, published the NEET-PG, 2021 bulletin outlining the schedule and criteria for the common entrance exam, based on which the counselling for admission to medical colleges takes place all over the country. Thereafter, the respondent no.2/University issued its General Admission Brochure (hereinafter referred to as ‘the brochure’) on 10.06.2021, wherein it laid down the criteria for reservation in the OBC category, a detailed reference whereto will be made at a later stage in the judgment.

4. Thereafter, on 29.07.2021, a circular was issued by the DGHS, wherein it was provided that there would be 27% of reservation for OBCs (noncreamy layer) and 10% reservation for EWS in the 15% undergraduate and 50% postgraduate seats in the All India Quota (hereinafter referred to as 'AIQ') for the academic year 2021-22. This notification was challenged before the Apex Court by way of a writ petition titled "Neil Aurelio Nunes and others v. Union of India and others" W.P.(C) 961/2021, wherein the Apex Court passed its preliminary interim order on 07.01.2022, permitting the counselling for the NEET-PG 2021 to commence forthwith.

5. The NEET-PG Exam, which was initially to be held in April, 2021 was, however, postponed due to an upsurge in Covid-19 cases, and was subsequently, held on 11.09.2021, the results whereof were declared on 28.09.2021. Soon after the declaration of the results, the MCC on 03.10.2021, published its Information Bulletin for the counselling to be held for admissions to the PG medical courses.

6. It is the petitioners’ case that both, under the brochure issued by respondent no.2 on 10.06.2021, and the Information Bulletin issued by the MCC on 03.10.2021, they, as OBC candidates in terms of the list maintained by the Govt. of NCT of Delhi, were eligible for admission against the OBC seats in the 50% institutional preference seats.

7. Pursuant to the interim order dated 07.01.2022 passed by the Apex Court in Neil Aurelio Nunes (supra), the respondent no. 1 on 10.01.2022 notified the time schedule for counselling. As per this notice, the registration and payment by candidates for counselling was to commence on 12.01.2022. For the sake of convenience, the relevant extract of the counselling schedule reads as under:-