NITISH KUMAR, SON OF NARESH SINGH, RESIDENT OF B.N.R. ROAD, CHOUDHARY TOLA, P.O : MAHENDRU, P.S : SULTANGANJ, DIST : PATNA, BIHAR Vs. THE UNION OF INDIA, THROUGH THE SECRETARY, HUMAN RESOURCE DEPARTMENT, NEW DELHI

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the NIT and counsel for the Union of India.

(2.) Petitioner is one of those candidates, who qualified in the JEE examination and was allotted a seat in NIT, Patna. He was supposed to report for admission after counselling on 18th of July, 2016. Petitioner did report, but he did not produce non-creamy layer certificate on that date. Since the petitioner was claiming benefit of reservation and in fact the allotment of seat was under the category of reservation, therefore, production of non-creamy layer certificate was a must. The seat stood cancelled. Annexure-2 indicates the same. Thereafter, the petitioner has rushed to the Court for a direction that he should be allowed to join the institution and pursue his studies.

(3.) Respondents have filed a counter affidavit. They take a stand that the petitioner did not produce the certificate in question on that date. He has filed the writ application and annexed Annexure- 3, but that too is dated 20th of July, 2016, which is clear indication that the petitioner did not possess the certificate on the date of the counselling, i.e. 18th of July, 2016. Therefore, there cannot be any dispute on this aspect of the matter.