KASHISH PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner with the following prayer:-

(2.) Brief facts of the case are that the petitioner being an eligible candidate for OBC (NCL) category appeared in JEE (Main) 2021 exam and secured 94.4855 marks against cut off 68.23 marks and the petitioner in the Round-I was allocated seat in VNIT Nagpur, thereafter, she uploaded her documents on 30.10.2021 and 31.10.2021 she received mail from JOSAA Portal that her OBC (NCL) certificate has been issued prior to 01.04.2021 and according to the norms of the Business Rules for JOSAA, the OBC (NCL) certificate must be issued after 01.04.2021 whereas, the OBC (NCL) certificate of the petitioner has been issued on 13.01.2021 by the Competent Authority. Hence, this writ petition has been filed by the petitioner challenging action of the respondents in not giving admission to her according to her category i.e. OBC (NCL).

(3.) Counsel for the petitioner submits that the petitioner is a meritorious candidate and she secured 94.4855 marks against cut off 68.023 marks. Counsel further submits that OBC (NCL) certificate has been issued by the Competent Authority on 13.01.2021 which is valid for one year i.e. upto 01.01.2022, a copy of the same is also placed on record i.e. (Annexure-3) of the writ petition. Counsel further submits that the petitioner has also informed the respondents about the valid OBC (NCL) certificate. Counsel further submits that there is no fault on the part of the petitioner and according to the State Government guidelines the certificate issued is valid for the period of one year. Counsel further submits that the petitioner again submitted the fresh OBC (NCL) certificate issued by the Competent Authority before the Admission Board on 03.11.2021 (Annexure-7) which confirms that the OBC (NCL) certificate of the petitioner was issued on 03.01.2021, lastly prayed for allowing the writ petition.