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2024 Supreme(Del) 319

IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Ravi Kumar S/o Sh. Shyam Nandan Kumar Yadav - Appellant
Versus
All India Institute of Medical Sciences All India Institute of Medical Sciences (Aiims) - Respondent
W.P.(C) 15514 of 2023 & CM APPL. 62139 of 2023
Decided On : 02-02-2024

Advocates appeared:
Mr.Amitesh Kumar, Ms.Priti Kumari and Mr.Mrinal Kishor, Advocates, for the Petitioner.
Mr. Anand Varma, Ms. Apoorva Pandey and Mr. Ayush Gupta, Advocates, for the Respondent.

The insistence on OBC-NCL certificates issued within a specified timeframe is arbitrary and lacks rational nexus to reservation objectives, infringing constitutional guarantees.

Headnote:(A) Examination Procedures - Cancellation of Candidature - OBC-NCL Category - Constitutional validity of mandatory cut-off dates for submission of category certificates criticized; cut-off embraced arbitrary limits not aligned to the purpose of reservation - References made to Pushpa v. Govt., NCT of Delhi and Ram Kumar Gijroya (SC) regarding an OBC certificate’s status as merely an affirmation of pre-existing identity. (Paras 40, 56, 90)

Facts of the case:
The petitioner, having initially submitted an OBC-NCL certificate dated 02.10.2022, faced cancellation of candidature due to a second certificate being submitted after the cut-off on 23.11.2023. The legal challenge centers on whether adherence to cut-off timelines is constitutional. (Paras 1, 16)

Findings of Court:
The OBC-NCL certificate solely reflects existing eligibility, thus submission timelines for certificates without rational basis violate rights to equal opportunity. (Paras 60, 66, 89)

Issues: The key issues addressed include the legality of cut-off dates for certificate submission and whether the law allows disqualification based solely on the date of issuance of these certificates. (Paras 1, 40, 39)

Ratio Decidendi: The court reinforced that OBC-NCL certificates in effect reflect established eligibility and their issuance date requirements, imposing arbitrary limitations that infringe upon candidates' rights under Articles 15 and 16 of the Constitution. (Paras 90)

Result: Communicated decisions to disqualify the petitioner were set aside, and he was confirmed a seat at AIIMS under OBC-NCL category. (Paras 92)

Table of Content
1. cancellation of admission based on obc-ncl certificate validity. (Para 1 , 2)
2. candidature cancellation based on delay in certificate issuance. (Para 3)
3. challenge to evidence requirement for obc-ncl status. (Para 20 , 21 , 22)
4. definition of eligibility for reserved category admission. (Para 36 , 37 , 39)
5. legitimacy of obc-ncl certificate requirements. (Para 38)
6. cut-off dates for obc certificates deemed arbitrary. (Para 40 , 41)
7. rationality and justification for obc-ncl timelines. (Para 60 , 67)
8. court mandates acceptance of valid obc-ncl certificate. (Para 90 , 91)

JUDGMENT

1. A candidate is allowed to sit in an examination under the Other Backward Classes (Non-Creamy Layer) [hereinafter `OBC-NCL'] category without any demur and qualifies in the merit list associated with the said category. He successfully submits his OBC-NCL certificate well within the time and date stipulated for submission of certificates. Nevertheless, his candidature gets cancelled on account of his failure to submit the OBC-NCL certificate issued within a particular timeframe or cut-off date stipulated in the prospectus of the said examination. The legality of cancellation of admission and the constitutional validity of such timeframe or cut-off for submission of OBC-NCL category certificates are the core issues that arise in this petition.

2. The instant petition has been filed assailing two e-mail communications dated 27.11.2023 and 29.11.2023. Vide e-mail dated 27.11.2023, the candidature of the petitioner has been assigned to un-reserved category; and vide another e-mail dated 29.11.2023, the petitioner's OBC-NCL category certificate has been considered as invalid and not been considered for admission through Institution of National Importance Combined Entrance Test (INI-CET) January, 2024 session conducted by the respondent-All India Institute of Medical Sciences (hereinafter `AIIMS').

3. The facts of the case would show that the respondent conducted the January, 2024 session of INI-CET for admissions into the Institutes of National Importance for Medical Education such as AIIMS, New Delhi, the new AIIMS centres located in different parts of the country, JIPMER-Puducherry, NIMHANS-Bengaluru, PGIMER-Chandigarh and SCTIMST-Trivandrum etc., for the post graduate courses i.e., MD, MS, DM (6 Yrs), M.Ch. (6 Yrs) and MDS.

4. The prospectus for the said examination was issued on 15.09.2023 and the applications from the eligible candidates were invited from 15.09.2023 to 05.10.2023.

5. Clause 2 of the prospectus (Part-B) prescribes for reservation of seats as per Government of India (`GoI') guidelines-15% for SC, 7.5% for ST, 27% for OBC and 10% for EWS, excluding sponsored/foreign national candidates. That apart, reservation for persons with benchmark disability was also stipulated besides the provision for institute preferences etc.

6. The prospectus provided for the date for uploading the valid certificate/card, such as SC/ST/OBC(NCL)/EWS/PwBD, OCI Card etc., to be from 27.09.2023 (05:00 pm onwards) to 05.11.2023 (till 05:00 pm).

7. Note-2 of the prospectus required that the applicants seeking reservation/relaxation benefit available for SC/ST/OBC(NCL)/EWS/PwBD must ensure possession of the requisite valid certificate in the prescribed format in support of their claim. The OBC-NCL certificate was required to have been issued during the period envisaged in the `Important Dates' column, it being from 06.11.2022 to 05.11.2023, both dates inclusive. For the sake of clarity, Note-2 of the prospectus is extracted below:

    "Note 2. Applicants seeking reservation/relaxation benefits available for SC/ST/OBC/EWS/PwBD must ensure that they are entitled to such reservation/relaxation. They should be in possession of all the requisite valid certificates in the prescribed format in support of their claim. The OBC(-NCL) certificates should have been issued between period as mentioned in Important Dates. The EWS certificate must be valid as mentioned

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