TEJ PAL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) <DJG>RAJIV SAHAI ENDLAW, J.</DJG> The petitioner had appeared for the All India Pre-Medical/Pre-Dental Entrance Examination held by the respondent no.4 Central Board of Secondary Education for admission to the 15% All India seats quota in the Medical Colleges all over the country. The said test as per the prospectus comprises of two parts Preliminary Examination and the Final Examination, with only those who qualify the Preliminary Examination being eligible for appearing in the Final Examination. The petitioner appeared in the Preliminary Examination as an OBC candidate. While the qualifying marks for the General Category candidates in the Preliminary Examination were 50%, those for OBC candidates were 40%. The petitioner secured 49.2% marks in the Preliminary Examination and being in the OBC Category was found eligible for appearance in the Final Examination and so appeared in the Final Examination.

(2.) The petitioner claims to have secured 72.3% marks in the Final Examination and was given All India Rank of 3017 and Counselling Category Rank of 2965 (OBC 1179); on the Rank Letter dated 23rd May, 2010 issued to the petitioner in the column Result, it was mentioned Qualified in Wait List Eligible for (OBC) Seats only.

(3.) The petitioner appeared for counselling on 10th August, 2010 as per his Counselling Category Rank of 2965. Though seats in the General Category are stated to have been available on that date but the seats reserved for OBC Category were filled up. The petitioner was thus not considered for admission.