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2019 Supreme(Del) 1806

RAJIV SHAKDHER
Bhumika Choudhary – Appellant
Versus
All India Institute of Medical Sciences – Respondent


Advocates Appeared:
Sanjana Saddy, Adv., Sanyat Lodha, Adv., Anish Chawla, Adv., Dushyant Parashar, Adv.

JUDGMENT :

Rajiv Shakdher, J.

The petitioner is aggrieved by the fact that she was denied a seat by the respondent i.e. All India Institute of Medical Science (hereafter referred to as 'AIIMS') even though she was eligible for being considered for allotment of a seat in the MBBS Program in the OBC (non-creamy layer) category (hereafter referred to as 'OBC category').

2. The respondent i.e. All India Institute of Medical Sciences (hereafter referred to as 'AIIMS') has defended its action by taking recourse to the fact that the certificate evidencing that the petitioner fell in the OBC category, which is dated 19.08.2019, falls outside the timeframe that is stipulated in Prospectus for MBBS Admission 2019 (hereafter referred to as 'Prospectus'). More specifically, AIIMS relies upon Clause 4.1 of the Prospectus. For the sake of convenience, Clause 4.1 of the Prospectus is extracted hereafter: -

    "4.1 CRITERIA FOR OTHER BACKWARD CLASSES (NONCREAMY LAYER) [OBC]

(Common to AIIMS, New Delhi & Fourteen Other AIIMS):

Reservation for OBC (Non-Creamy Layer) shall be according to the rules of the Government of India. Applicants are required to ensure that he/she does not belong to the persons/sectio

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