ASHOK KUMAR Vs. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

JUDGEMENT

(1.) The three petitions relate to admissions to the Post Graduate Medical Degree/Diploma Programme for the academic session 2010-11 of the respondent no.1 Guru Gobind Singh Indraprastha University and are being listed and taken up together for consideration. The counsels made their submissions with respect to the facts of WP(C) No.4283/2010.

(2.) The petitioners contend that the University in the matter of admissions has incorrectly applied the provisions for reservation to SC/ST/OBC category, by wrongly extending the reservation to students who enjoy SC/ST/OBC status in other States like Bihar, Uttar Pradesh, Assam etc. but are not recognized as SC/ST/OBC in Delhi. The action of the University is stated to be in contravention of the law laid down in (i) MCD Vs. Veena (2001) 6 SCC 571 (ii) Subhash Chandra Vs. Delhi Subordinate Services Selection Board (2009) 15 SCC 458 & (ii) Manish Tokas Vs. UOI, WP(C) No.13304/2004 decided on 1st March, 2007. The petitioners claim that if admissions to SC/ST/OBC category of students not holding such status in Delhi were to be not made or are to be struck down, the seats reserved for SC/ST/OBC candidates would fall vacant and in accordance with judgment of Supreme Court in Ashok Kumar Thakur Vs. Union of India (2008) 6 SCC 1 be available for admission of General category to which the petitioners belong. The candidates who according to the petitioners have been so wrongly admitted have been impleaded as respondents. The case of the petitioners is that the candidates so wrongly admitted had not produced any certificate from the authorities at Delhi of their belonging to the Reserved category in Delhi and were thus not entitled to admission in the Reserved categories.

(3.) The relevant provisions of the Admission Brochure issued by the University and to which attention has been invited during the hearing are as under:- 2.Common Entrance Test (CET) for only 50% seats as indicated in above Tables against State Quota will be conducted by Guru Gobind Singh Indrprastha University for admission to Post Graduate Medical Degree / Diploma courses. For this test, only Medical graduates of Guru Gobind Singh Indraprastha University are eligible. 3.All admissions against the seats of State Quota to Post Graduate Medical Degree / Diploma Courses will be made on the basis of merit of Common Entrance Test (Test Code: 26). 6.2.4 Candidates who are already admitted to any Post Graduate Medical Degree / Diploma Course in any University / Institution as on the date of cousnelling will not be eligible for admission. Candidate will be required to give an undertaking in the proforma as per Annexure-I. 6.2.6 In case of any dispute, the decision of the Post Graduate Admission Committee shall be final. However, an appeal could be made to the Vice-Chancellor, Guru Gobind Singh Indraprastha University against such a decision. 7. RESERVATION AND ALLOCATION OF SEATS 7.1 Out of total seats as already indicated in para 4 above, 50% seats are reserved for All India Quota, to be filled up on the basis of All India Entrance Test conducted by All India Institute of Medical Sciences, on behalf of DGHS, Government of India. 7.2 The other 50% seats will be reserved for MBBS graduates of Guru Gobind Singh Indraprastha University. Reservation will be applicable in these seats as per policy of Government of India as applicable from time to time for Schedule Caste (SC), Schedule Tribe (SC) and OBC candidates. For reservation to Physically Challenged (PC) candidates, guidelines of Medical Council of India will be applicable. Final decision regarding reservation policy will be taken by the Government (for the year 2010-11) and in accordance with the same the counseling will be conducted. 7.2.1 Guidelines for Schedule Caste and Schedule Tribes Seats In case any seats reserved for the candidates belonging to SC/ST category remain unfilled due to non-availability of the eligible candidates under the said category, then the seats would be offered to the other category, i.e., seats of SC to ST and vice-versa as the case may be. In case sufficient number of eligible candidates of SC & ST is not available, the seats thus remaining vacant will be treated as unreserved. A Caste Certificate in the name of the applicant from a competent authority will have to be submitted at the time of Counselling. A list of approved authorities to issue the SC and ST Certificates are as under:- (i) District Magistrate, Additional District Magistrate, Deputy Commissioner, Collector, Additional Deputy Commissioner, Deputy Collector, 1st Class Stipendiary Magistrate (not below the rank of 1st Class Stipendiary Magistrate), City Magistrate, Sub- Divisional Magistrate, Taluka Magistrate, Executive Magistrate and Extra Assistant Commissioner. (ii) Chief Presidency Magistrate, Additional Chief Presidency Magistrate or Presidency Magistrate. (iii) Revenue Officer not below the rank of Tehsildar. (iv) Sub-Divisional Officer of the area where the candidate and / or his / her family normally resides. (v) Administrator, Secretary to the Administrator or the Development Officer (Lakshdweep & Minicoy Islands). 7.2.2 Twenty Seven (27%) percent seats shall be reserved for the candidate belonging to OBC category as per the guidelines of Govt. of India. OBC certificate in the name of candidate from a competent Authority as per central list OBCs will have to be submitted at the time of counselling. 18. DOCUMENTS REQUIRED FOR COUNSELLING / ADMISSION (vi) Schedule Caste/ Schedule Tribe / OBC certificate, if applicable; The reservation certificate should be issued from the respective State / region in which the reservation is claimed e.g. In case any candidate claims for the seat reserved for DSC category than he has to bring SC certificate issued by Govt. of NCT of Delhi.