VIBHA VERMA Vs. DELHI TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) The petitioner passed the Senior Secondary School Examination conducted by the Central Board of Secondary Education (hereinafter referred to as CBSE), Delhi in May, 2010. In order to get admission in Engineering Course, she applied for appearance in All India Engineering/Architecture Entrance Examination (AIEEE), 2011, which is conducted by CBSE, Delhi. Admission card was issued to her. She got herself registered with Netaji Subhash Institute of Technology (University of Delhi) by taking recourse to online registration. She further wanted herself to be treated in the category of Other Backward Class (OBC) and mentioned as such in the particular box by her in the aforesaid registration. The petitioner has obtained Caste certificate showing that she belongs to OBC category, she had obtained such a certificate from the Office of Tehsildar, Sadar Etah, Uttar Pradesh, as per which she belongs to Lodhi caste, which is an OBC in Uttar Pradesh. She had also obtained similar caste certificate issued by the Government of India from the Office of Sub-Division Magistrate, Uttar Pradesh. Lodhi caste is identified and recognized as OBC in the State of Uttar Pradesh and is not related to Creamy Layer.

(2.) However, that the aforesaid status by the petitioner has not been recognized while the Delhi Technological University (formerly known as Delhi College of Engineering) has vide communication dated 20.8.2011, her admission is cancelled on the ground that she could not produce appropriate documentary evidence/certificate for OBC category. The stand taken by the respondent No.1 is that the petitioner is supposed to produce a certificate for this category issued by the Govt. of NCT of Delhi. The certificates produced by the petitioner, which are issued by the Office of Tehsildar, Sadar-Etah, U.P. as well as the Government of India have not been treated as sufficient to enable her to take advantage of getting admission under the category of OBC.

(3.) In these circumstances, challenging the action of the respondents, present writ petition is filed with following prayers: