MINOR V HARSHAN Vs. CHAIRMAN

JUDGEMENT

(1.) THE petitioner, who is a meritorious student, has appeared in the Joint Entrance Examination 2012, conducted by the second respondent for the academic year 2012-2013. According to him, he belongs to Other Backward Class (OBC) Category falling under Non Creamy Layer Category. According to him, 27% of the seats were reserved for each course against OBC's Non Creamy Layer Candidates. According to him, on a misinformation provided by his father, the petitioner thought that he fell within the category of OBC Creamy Layer. Hence, he has applied under GE Category (open competition), vide application No.C16127692. The application of the petitioner was registered and he appeared for the exam, on 08.04.2012 and the results were published on 18.05.2012 and he passed the exam and obtained an All India Rank of 4988.

(2.) ACCORDING to him, if the petitioner is considered under the General Category, he could not get a seat for a preferred course in a Premier IIT. But, if the petitioner is considered as an OBC Non Creamy Layer Candidate, he would get the preferred seat reserved for OBC Candidates. Therefore, he sent a representation through telegrams, on 20.05.2012, to the respondents, requesting to consider his claim under OBC Non Creamy Layer Candidate Category.

(3.) THE respondents have filed a counter affidavit and mainly contending that in the Brochure in regard to the admission given to the student, has given all the relevant details so far as the eligibility and the period before which the certificates have to be produced. According to them, in the Brochure, it is very clearly stated that the certificate issued only after January 01, 2012 in regard to OBC (NCL) has to be produced and such certificate should reach the office on or before June 01, 2012 and the student has to fill the application as to the category also. But it is also made very clear that how an applicant has to fill up the application and the declaration to be made earlier in so far as it relates to its status as OBC Creamy Layer or Non Creamy Layer. In the admission card, he will specifically denote apart from other details, the category of the candidate is clearly mentioned. It is also further made clear that the candidate should examine carefully the Admit Card and if there is any discrepancy, they must immediately seek for rectification in that card. It is also made clear that due to the reservation policy of the Government of India, the candidates will be selected based on their performance in IIT-JEE and according to their respective categories regarding their caste. Candidate should declare his category.