J U D G M E N T

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 in Important Dates The SC/ST/OBC(NCL)/EWS/PwBD certificates must be uploaded with online registration on or before date of examination as mentioned in the Important dates/Notice published. The applicants will be required to upload appropriate valid certificates and, therefore must take utmost care to ensure that required valid certificates are uploaded. These uploaded certificates may be preliminarily scrutinized during the process of seat allocation for postgraduate courses, for determination of veracity of claim by the candidates for reservation/relaxation as applicable, however t