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IN THE HIGH COURT OF DELHI
Prateek Jalan, J.
Tanya Mann - Appellant
Versus
Registrar, Guru Gobind Singh Indraprastha University - Respondent
W.P.(C) 8301 of 2019 with CM Appls. 34382 of 2019, 34384 of 2019, 55279 of 2019, 55280 of 2019, 55281 of 2019, 1287 of 2020, 1288 of 2020, 30883 of 2020, 15858 of 2021 and 17013 of 2021 and W.P.(C) 1246 of 2020 with CM Appls. 4280 of 2020, 15863 of 2021 a
Decided On : 25-05-2021
The cancellation of an OBC certificate must adhere to procedural fairness and be supported by credible evidence, highlighting administrative inefficiencies in record-keeping.
Headnote:(A) Office Memorandum issued by the Union of India regarding OBC reservation - The validity of an OBC certificate is contingent on the applicant meeting specific residency and income criteria. (Paras 3, 10, 19)
(B) Judicial Review - The administrative authority's decision to cancel a certificate must be supported by credible evidence and follow established procedures. (Paras 21, 24)
(C) Administrative Practice - Systemic failures in record maintenance by GNCTD identified, raising concerns for overall compliance with administrative guidelines. (Paras 23)
Facts of the case:
The petitions arise from disputes over OBC reservations for MBBS admission at Guru Gobind Singh Indraprastha University, involving challenges to the validity of OBC certificates. Tanya Mann contends she deserves admission over Anjali due to alleged ineligibility concerning OBC status. (Paras 1, 2, 24)
Findings of Court:
The court found that the cancellation of Anjali's OBC certificate was unsustainable, lacking evidence and based on a flawed administrative decision-making process. (Paras 19, 21)
Issues: The court primarily addressed the validity of Anjali's OBC certificate and the procedural fairness of its cancellation. (Paras 3, 23)
Ratio Decidendi: The court emphasized the requirement for legitimate evidence in administrative actions and identified failures in record-keeping that affected procedural integrity. (Paras 19, 21)
Result: The impugned order cancelling Anjali's OBC certificate was set aside, and the matter was remanded for reconsideration. (Paras 25, 26)
| Table of Content |
|---|
| 1. entitlement to obc seat based on merit. (Para 1 , 2) |
| 2. procedure for filling vacant obc seats. (Para 3 , 4 , 5) |
| 3. determination of validity of obc cancellation. (Para 6 , 7 , 8 , 9) |
| 4. complaint against obc certificate invalidity. (Para 10 , 11 , 12 , 13) |
| 5. issues with records and cancellation process. (Para 14 , 15 , 16) |
| 6. challenges to gnctd's cancellation of obc certificate. (Para 17 , 18 , 19) |
| 7. directives for reconsideration of obc certificate. (Para 20 , 21 , 22 , 23 , 24) |
| 8. final disposal of writ petitions. (Para 25 , 26) |
JUDGMENT
Prateek Jalan, J. (Oral)
The proceedings in the matter have been conducted through video conferencing.
1. The petitioners in these two petitions, Ms. Tanya Mann ["Tanya"] and Ms. Anjali ["Anjali"], were both aspirants for admission to the MBBS course at Guru Gobind Singh Indraprastha University ["the University"] in the academic year 2019-2020, in the Delhi Region Other Backward Classes Defence ["DOBCDEF"] category.
2. By way of W.P.(C) 8301/2019, Tanya challenges the admission granted to Anjali and another candidate, Atul, in the said category. It is the contention of Tanya that the aforesaid two candidates did not qualify for OBC reservation in terms of the relevant Office Memorandum issued by the Union of India ["the Office Memorandum"]. Tanya, having secured third position on merit in the aforesaid category, claims admission in their place. The reliefs in the writ petition are framed as follows:
"A. To quash the Seat Status Reports-MBBS dated 26-07-2019 issued and notified by respondent No.1 through their website notified on notice board after admission counseling conducted on 26-07-2019 (ANNEXURE-P-1) pertaining to DOBCDEF category for MBBS course for the session 2019-2020; and/or
B. To direct the respondent No. 1 to withdraw the seat allotment letters issued by the respondent No.1 in respect of private Respondents during admission counseling conducted on 26-07-2019 pertaining to DOBCDEF category for MBBS course for the session 2019-2020; and/or
C. To direct the respondent to issue seat allotment letter to the petitioner for MBBS course in the session 2019-2020 in DOBCDEF category; and/or
Any other relief as may be deemed fit and proper in the facts and circumstances of the case may also be granted to the petitioner."
3. In the aforesaid writ petition, an order dated 28.08.2019 was passed recording that Atul had given up his claim to the seat allotted to him. It was further directed as follows:
"3. Ms. Anita Sahani, Advocate, who appears on advance notice on behalf of the respondent no.1, informs me that at present 17 seats fall vacant which includes the OBC defence category seat that fell vacant on account of withdrawal by respondent no.4.
4. Ms. Sahani says that the respondent no. 1 University is obliged to follow the directive given in the order dated 09.05.2017, passed by the Supreme Court, in W.P.(C)No.267/2017, titled Dar-US-Slam Educational Trust & Ors. v. Medical Council of India & Ors. Ms. Sahani, in particular, has drawn my attention to paragraph 7 of the said order.
5. Having regard to the stand taken by Ms. Sahani, the respondent No.1 University is directed to complete the process of filling up the 17 seats (including OBC defence category seat) as directed by the Supreme Court vide order dated 9.5.2017.
6. Needless to say, the petitioner will also be considered along with other eligible candidates."
4. Against the aforesaid order, Tanya filed LPA 556/2019. The Division Bench, by an order dated 30.08.2019, noted her contention that she had filed a complaint before the Sub-Divisional Magistrate ["SDM"], Narela about the certificate issued to Atul and that the candidature of Atul had been withdrawn. The Court directed the SDM, Narela to be joined as a party, and further directed him to verify the legality of the OBC certificate issued to Atul. By the aforesaid order, the Court directed that Tanya would be given provisional admission by the University, sub
