TEJ PAL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) In this intra-Court appeal preferred under Clause 10 of the Letters Patent, the sustainability of the order dated 13 th August, 2010 passed by the learned Single Judge in W.P.(C) No.5492/2010 is called in question.

(2.) The facts which are essential to be stated for adjudication of this appeal are that the appellant had appeared for the All India Pre-Medical / Pre-Dental Entrance Examination held by the Central Board of Secondary Education, the respondent No.4 herein, for admission to the 15% All India seats quota in the Medical Colleges all over the country. As per the stipulations in the prospectus, the appellant appeared in the Preliminary Examination as an OBC candidate and secured 49.2% marks in the said examination as a result of which he qualified to appear in the final examination. He appeared in the final examination and secured 72.3% marks and was placed at serial No.3017 in the All India Rank and Counselling Category Rank of 2965 (OBC - 1179). As per the Rank letter dated 23.5.2010 in the column "Result", it was mentioned that the appellant was "Qualified in Wait List - Eligible for (OBC) seats only". As put forth, the Appellant appeared for counselling on 10.8.2010 as per his Counseling Category Rank of 2965. Though seats in the General Category were said to be available on that day, yet the seats reserved for the OBC Category were filled up as a consequence of which the appellant was not considered for admission. It was contended before the writ court that as the appellant had secured 72.3% marks in the Final Examination, he was entitled to be considered in the General Category and not in the OBC category alone. Before the learned Single Judge, the mode of implementation of OBC and Physical Handicapped Reservation in 15% All India Quota (MBBS / BDS) seats were pressed into service. Relying on the same, it was contended that the appellant was entitled to be considered in the reserved category.

(3.) The stand and stance put forth by the appellant was resisted by the respondent No.2, the Directorate General of Health Services, contending, inter alia, that the appellant had qualified in the Preliminary Examination as an OBC candidate but not as a candidate belonging to the unreserved category inasmuch as a candidate belonging to General Category was required to obtain / secure 50% marks to undertake the main examination but the appellant was declared qualified under the OBC quota as he had secured more than 40% marks which is the requisite marks to be secured by a candidate belonging to the OBC Category and, therefore, his claim can only be considered in respect of seats meant for the OBC category.