TUSHAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) PRESENT Letters Patent Appeal has been filed challenging the judgment and order dated 22nd November, 2013 passed by learned Single Judge whereby appellant's writ petition being W.P.(C) 6268/2011 was dismissed. The relevant portion of the impugned order is reproduced hereinbelow: -

(2.) MR . K.C. Mittal, learned counsel for appellant contended that learned Single Judge failed to appreciate that only fifteen percent of the total number of MBBS seats in Vardhman Medical College could have been allocated to All India quota. According to him, the remaining eighty -five percent seats had to be allocated to the State quota out of which twenty -seven percent seats had to be allocated to Delhi OBC students. In support of his contention, Mr. Mittal relied upon Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non -Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 [for short "Act, 2007"]. Section 12 (1) of the said Act reads as under: -

(3.) CONSEQUENTLY , according to Mr. Mittal, twenty -seven percent reservation had been confined to 81 seats instead of 128 seats.