AKANKSHA DOKANIA Vs. NETAJI SUBHAS INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) Both petitions concern admission in the OBC category to engineering colleges in Delhi (of which respondent No.1, is one), made by the respondent No.2 University of Delhi by holding the All India Engineering / Architecture Entrance Examination (AIEEE). Both petitioners sought admission to the engineering courses in the respondent No.1 Institute. The respondent No.1 is an autonomous Institution of the Government of NCT of Delhi. 85% of the total seats in the respondent No.1 Institute have been allocated for the Delhi region and 15% seats for outside Delhi region. The students passing from recognized Schools / Colleges / Institutions located within the National Capital Territory of Delhi are eligible to apply for admission in the Delhi region seats and students passing from Schools / Colleges / Institutions located outside the National Capital Territory of Delhi are entitled to apply for the outside Delhi region category. Both petitioners passed their qualifying exam from recognized schools in Delhi and thus applied for admission to the Delhi region seats, as aforesaid in the OBC category.

(2.) Admission was denied to both the petitioners on their failure to produce OBC Certificates issued by the authorities in Delhi. Both petitioners produced OBC Certificate issued by authorities outside Delhi. The present petition was filed averring that the respondent No.1 being affiliated to the Delhi University, a Central University, was required to accept OBC Certificate issued by authorities outside Delhi also and it was so provided even in the prospectus issued for admission.

(3.) The counsel for the respondents appearing on advance notice had argued that the procedure followed was in accordance with the judgment in Subhash Chandra Vs. Delhi Subordinate Services Selection Board, 2009 15 SCC 458. However, finding that the prospectus issued permitted OBC Certificate issued by any authority and not only issued by the authorities in Delhi, notice of the petition was issued.