{"id":220912,"date":"2019-10-16T13:30:06","date_gmt":"2019-10-16T08:00:06","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=220912"},"modified":"2019-10-18T10:55:18","modified_gmt":"2019-10-18T05:25:18","slug":"del-hc-aiims-2019-candidate-producing-obc-certificate-even-one-day-prior-to-seat-allocation-should-be-able-to-get-a-seat-allocated","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2019\/10\/16\/del-hc-aiims-2019-candidate-producing-obc-certificate-even-one-day-prior-to-seat-allocation-should-be-able-to-get-a-seat-allocated\/","title":{"rendered":"Del HC | AIIMS 2019 \u2014 Candidate producing OBC certificate even one day prior to seat allocation should be able to get a seat allocated"},"content":{"rendered":"

Delhi High Court: <\/strong>Rajiv Shakdher, J. while addressing a petition filed by an AIIMS aspirant, ruled the decision in her favour by stating a very significant point in the Judgment,<\/p>\n

\u201cOne fact, one circumstance, can make all the difference while discerning the true ratio of a Judgment.\u201d<\/strong><\/p>\n

In the present case, petitioner aggrieved by the fact that she was denied a seat by the respondent i.e. All India Institute of Medical Science (AIIMS) though she was eligible for being considered allotment of a seat in the MBBS Program in OBC Category.<\/p>\n

Further, the respondent defended its action by taking recourse to the fact that the certificate evidencing that the petitioner fell in OBC category, falls outside the time frame that is stipulated in Prospectus for MBBS Admission 2019 and to support the same, relied upon Clause 4.1 of the Prospectus.<\/strong><\/p>\n

AIIMS submitted that the certificate produced by a candidate to claim the benefit of the fact that he\/she belongs to the OBC category can only arise if it is issued within a period of one year preceding the date of first counselling.<\/p>\n

Issue arising in above view:<\/strong><\/p>\n

What is that period which is contemplated in Clause 4.1 of the Prospectus?<\/em><\/p>\n

It has been stated that, after three rounds of counselling a round of \u2018open counselling\u2019 was conducted for the vacant seats for which the petitioner registered herself.\u00a0 Open Counselling which was initially slated for 20-08-2019 \u2013 21-08-2019 was postponed via notice dated 18-08-2019 to 26-08-2019 \u2013 27-08-2019.<\/p>\n

Petitioner secured an OBC certificate dated 19-08-2019 for admittance in Central Institutions. Further, when the petitioner appeared for open counselling on 26-08-2019, she placed before the Counselling Committee, the requisite documents which included the OBC certificate, and to her surprise the Counselling Committee declined to consider her candidature only<\/strong> on the ground that the date on OBC certificate issued to the petitioner did not fall within the time frame stipulated in Clause 4.1 of the Prospectus.<\/strong><\/p>\n

Hearing for the instant matter came up in the Court first time on 30-08-2019, wherein the Court directed AIIMS to keep one OBC category seat vacant in one of the four institutes qua <\/em>which preference had been given by the petitioner. On a later date i.e. 17-09-2019, Court asked the counsel for AIIMS to file through an affidavit if any seat was available in terms of the order date 30-08-2019, for which the response was that one seat was available in AIIMS, Raipur.<\/p>\n

Petitioner argued that the Prospectus made two provisions concerning the OBC certificate\u2019s submission. Following are the two provisions:<\/p>\n