SAIPRASAD GANGADHAR SHINDE Vs. SECRETARY MINISTRY OF HEATH

JUDGEMENT

(1.) The petitioner claiming to be an OBC, by this writ petition impugns the procedure for admission to Post Graduation / Post Doctoral Courses followed by the respondent All India Institute of Medical Sciences (AIIMS) for the academic session commencing from July, 2010. It is the case of the petitioner that respondent AIIMS did not draw up an overall merit list and drew up separate merit lists for General, SC/ ST & OBC categories thus depriving the petitioner from competing and gaining admission in the General Category.

(2.) I have with respect to the same admissions, vide judgment dated 19th August, 2010 in WP(C) No.4230/2010 titled Dr. Jagveer Singh Vs. The Chairperson, Counselling Committee, Academic Section, AIIMS, held the procedure followed by respondent AIIMS to be bad and directed the respondent AIIMS to with effect from next admissions, allow the candidates belonging to the Reserved Category to compete in the General (unreserved) Category also and further held that the candidates belonging to the reserved category, if entitled to admissions on their own merit in General (unreserved) Category be so admitted without counting them against seats in the Reserved Category.

(3.) This petition also thus so far as the legal question is concerned, is entitled to succeed. However, the fact remains that the academic session has already commenced and is underway. The question which thus arises is of the relief to be granted.