TANDAN KUMAR Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) THE petitioners, who belong to the Other Backward Class(OBC) category appeared in the entrance examination conducted by the University of Delhi for admission to the M.B.B.S and B.D.S courses in medical/dental institutions affiliated to the said University have filed this writ petition to seek a writ of certiorari for quashing the communication dated 08.07.2008 whereby the respondent University of Delhi has stated that in the M.B.B.S. Course, there are no seats reserved for the OBC category candidates for the academic session 2008 -09 in two of its affiliated institutions, namely, Maulana Azad Medical College (MAMC) and University College of Medical Sciences (UCMS). A mandamus is also sought by the petitioners for a direction to the respondents to provide reservations to the students belonging to the OBC category in terms of the provisions of the Central Educational Institutions (Reservation in Admission) Act, 2006, (the Act) and to allot seats within the reserved category to eligible candidates in the current academic session 2008 -09.

(2.) THE Act enforced on 03.01.2007, inter alia, provides that reservations in seats in admission in Central Educational Institutions shall be provided to the extent of 27% seats from out of the annual permitted strength in each branch of study or faculty for the OBC. "Central Educational Institution" is, inter alia defined in Section 2(d) of the Act to mean "a university established or incorporated by or under a Central Act." The University of Delhi is established by the Delhi University Act passed by Parliament and is a Central Educational Institution. MAMC and UCMS are institutions affiliated to it and are bound to implement the reservation policy of the Central Government, as contained in the Act.

(3.) SECTIONS 5 & 6 of the said Act are relevant, and read as follows: