Merit and entitlement for seat allocation in educational institutions depend on adherence to procedural norms, alongside validation of certificates; mere claims of wrongdoing by the institution do not suffice for remedy when candidates fail to follow prescribed processes.

JUDGMENT

Sanjeev Narula, J. The above-captioned petitions are based on nearly identical facts, raise common grounds of challenge and are accordingly being disposed of by way of a common judgment.

BRIEF FACTS

2. Petitioners - Dr. Ahmad Kamal and Dr. Kiran Gaur [hereinafter "Dr. Kamal" or "Dr. Gaur", respectively] are qualified doctors having a degree in Bachelor of Ayurvedic Medicine Surgery ["BAMS"]. Desiring to pursue three-year Post-Graduate Ayurvedic Course MD/MS (Ayurveda) for academic year 2020-21, with Institutes under Respondent No. 1 - Guru Gobind Singh Indraprastha University [hereinafter interchangeably "GGSIPU" or "the University"], they qualified All India AYUSH Post-Graduate Entrance Test 2020 wherein Dr. Kamal secured All India Rank 1579 with percentile of 89.78 and Dr. Gaur secured All India Rank 1358 with percentile of 91.23.

3. Petitioners participated in counselling, as BAMS graduates of GGSIPU,¹ hopeful of securing a seat under Economically Weaker Section ["EWS"] category, on the strength of Income and Asset certificate issued by Respondent No. 2 [Sub-Divisional Magistrate - "SDM"] but unfortunately couldn't secure admissions and lay the blame for the same, on the University. They contend that the admission process has been marred with irregularities as the University has violated Article 15 of the Constitution of India, 1950 and Office Memorandum bearing No. F.12-4/2019-U1 dated 17th January, 2019 [hereinafter "OM of 17th January, 2019"] by allotting EWS seats to Dr. Megha Sugandh,² Dr. Sahil Sain,³ Dr. Tina Malik,⁴ Dr. Deepanshu,⁵ and Dr. Medha,⁶ [hereinafter interchangeably "Respondent-Candidates" or "Ineligible Candidates"], who belong to Backward Class ["OBC"] category and were not entitled to admission against seats reserved for EWS category.

4. Petitioners represented to the University and strongly protested against admissions granted to Respondent-Candidates, but the same did not elicit a favourable response. Constrained by inaction, they have approached this Court, inter-alia, seeking cancellation of admission of Respondent-Candidates under EWS category and issuance of mandamus against the University to instead admit Petitioners for academic session 2020-21.

CONTENTIONS OF PARTIES

Of Petitioners

5. Mr. Kush Sharma and Mr Shalabh Bhardwaj, counsel for Dr. Kamal and Dr. Gaur, respectively, made following submissions:

5.1. Petitioners are meritorious candidates and have been wrongly denied admissions despite holding valid Income and Asset (EWS) certificates and fulfilling eligibility criteria for admission in EWS category. The University admitted Dr. Sugandh, Dr. Sain and Dr. Malik against EWS seats, completely disregarding the mandate of law and also ignored representations made by the Petitioners. Dr. Kamal's representation dated 18th January, 2021 categorically informed the University about the illegalities in the admission process of PGAC programme, but no heed paid to the same. Dr. Sugandh, Dr. Sain and Dr. Malik belong to OBC category and EWS certificates could not have been issued to them. The certificates relied upon by them have been deceitfully procured and admissions have been secured contrary to regulations in connivance with the officials of the University, thereby depriving the Petitioners of their legitimate right to get admitted. Despite becoming aware of the illegalities there has been complete lack of action on part of the University to remed