ARCHANA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The relief claimed in the petition is for quashing the order dated 11th /28th December, 2010 by which the Director of the Institute of Medical Sciences, Banaras Hindu University, Varanasi (hereinafter referred to as the 'Institute') has rejected the representation filed by the Petitioner for granting admission to the 'Ayurveda Vachaspati MD (AY)/Ayurveda Dhanwantari MS (AY) Course-2010' (hereinafter referred to as the 'Course'). A further relief has been sought that the Petitioner should be granted admission in the said three years Course as a student belonging to the unreserved category.

(2.) An advertisement was issued by the Institute for granting admission to the 5 seats for Scheduled Castes/Scheduled Tribes, 5 seats for OBC and 9 seats for the General category candidates. The last date for filling the application forms was mentioned as 10th June, 2010 and the date of holding of the Entrance Test was mentioned as 20th June, 2010. The Petitioner submitted her application as a candidate belonging to the OBC category. The merit list of the general category candidates contained 9 names as also a waiting list of 9 candidates. The Petitioner was shown at serial No. 4 in the waiting list of general category candidates, while Respondent No. 6. -Dr. Devanand Upadhyay was shown at serial No. 5 in the waiting list of the general category candidates. A separate merit list of 5 OBC candidates was also published in which the Petitioner was shown at serial No. 4. The Admissions Committee met on 30th July, 2010 and required the Petitioner to indicate whether she would like to be admitted as a candidate belonging to the general category or as a candidate belonging to the OBC category. The Petitioner did not opt for admission under the general category and opted for admission as a candidate belonging to the OBC category on the strength of the certificate dated 28th July, 2010 issued by the Tahsildar Chunar, Mirzapur that the Petitioner belongs to the OBC category and does not belong to the creamy layer. The Petitioner was, therefore, granted admission as a candidate belonging to the OBC category on the basis of the option exercised by the Petitioner since her name appeared at serial No. 4 in the main list.

(3.) Dr. Ghanshyam Verma-Respondent No. 5, however, filed a writ petition alleging that Dr. Archana Singh (present Petitioner) belongs to the creamy layer of OBC and was, therefore, wrongly admitted. The writ petition was disposed of with a direction to the Director of the Institute to examine the grievance of the Petitioner and take a decision. The Director of the Institute then constituted a Committee of teachers to examine the admission of the Petitioner. The Committee noticed that the Petitioner could not produce OBC non-creamy layer certificate till 12th November, 2010 and, accordingly, in its meeting held on 24th November, 2010 resolved to cancel the admission of the Petitioner which decision was approved by the Director of the Institute by the order dated 26th/27th November, 2010 and the Petitioner was informed that her admission had been cancelled. A letter dated 24th September, 2010 was also received from the Tahsildar Chunar, Mirzapur that the father of the Petitioner comes under the creamy layer OBC category and, therefore, the Petitioner should be treated as a candidate belonging to the creamy layer in the earlier certificate dated 28th July, 2010.