2024:DHC:771

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IN THE HIGH COURT OF DELHI AT NEW DELHI

BEFORE

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

+

W.P.(C) 15514/2023 & CM APPL. 62139/2023

Between:-

RAVI KUMAR

S/O SH. SHYAM NANDAN KUMAR

YADAV, AGED ABOUT 28 YEARS, R/O WARD

NO.01, VILLAGE/TOWN – MADHOPUR SUSTA,

POST OFFICE & P.S. – MANIYARI BLOCKKURHANI,

SUB-DIVISION- MUZAFFARPUR

WEST, DISTRICT– MUZAFFARPUR, BIHAR ..... PETITIONER

AND

ALL INDIA INSTITUTE OF MEDICAL SCIENCES

ALL INDIA INSTITUTE OF MEDICAL SCIENCES

(AIIMS), 1^ST FLOOR, CONVERGENCE BLOCK,

ANSARI NAGAR, NEW DELHI 110608

THROUGH ITS REGISTRAR

..... RESPONDENT

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Pronounced on: 02.02.2024

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Digitally Signed

By:PURUSHAINDRA

KUMAR KAURAV

Signature Not Verified

Digitally Signed By:PRIYA

Signing Date:02.02.2024

17:58:29

Signature Not Verified

2024:DHC:771

2

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-

Digitally Signed

By:PURUSHAINDRA

KUMAR KAURAV

Signature Not Verified

Digitally Signed By:PRIYA

Signing Date:02.02.2024

17:58:29

Signature Not Verified

2024:DHC:771

3

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 be