DHRUVI YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner-Dhruvi Yadav has approached this Court by way of filing the present petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the condition mentioned in the prospectus in not providing reservation to the OBC category for admission in MBBS course whereas the same is provided for admission in BDS course. A further prayer has also been made for direction to respondents to grant opportunity of counselling for admission in MBBS course after making provision for reservation in OBC category during pendency of this petition.

(2.) Briefly, the facts of the case as made out in the present writ petition are that the petitioner after passing matriculation and 10+2 examination, appeared in examination of NEET 2019 and her overall rank was 105540 and in OBC category, it was 45785. The petitioner applied for admission in MBBS and BDS courses in Government Medical College and Hospital, Sector-32, Chandigarh. She has claimed benefit of reservation in OBC category on the basis of notification whereby the caste Yadav/Ahir has been declared as backward. The reservation of OBC category has been provided for BDS course but not for MBBS course. The petitioner has also submitted her character certificate issued by the School as well as certificate of other backward classes/OBC issued by the Sub Divisional Magistrate (South), UT Chandigarh for claiming benefit of reservation in OBC category. The claim of the petitioner was not considered in OBC category and aggrieved by the action of respondent-authority, she has filed the present petition.

(3.) As per case of the petitioner, Government Medical College and Hospital, Chandigarh and Dr. Harvansh Singh Judge Institute of Dental Sciences & Hospital are being maintained by UT Chandigarh. Said institutions are receiving aid from Central Government and are also being maintained by Central Government. The Government Medical College and Hospital, Sector-32 Chandigarh is also an educational institution setup by the Central Government and maintained/aided by the Central Government and as such, the benefit of reservation to OBC category should have been given to the petitioner.