Delhi High Court - Orders
Md Ishraar Ahmed vs Union Of India & Ors on 21 February, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3197/2022
MD ISHRAAR AHMED
..... Petitioner
Through Mohd. Ishraar Ahmed, Adv.
versus
UNION OF INDIA & ORS.
..... Respondents
Through Mr. Anil Dabas, Adv. for respondent
no. 1.
Mr. Shlok Chandra, Adv. for
respondent nos. 3 & 4.
Mr. Anuj Aggarwal, ASC, GNCTD
with Ms. Ayushi Bansal, Ms.
Aishwarya Sharma and Mr. Sanyam
Suri, Advs. for respondent no. 5.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 21.02.2022 CM APPL. 9292/2022
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 3197/2022 & CM APPL. 9291/2022 (interim relief)
3. At the very outset, learned counsel for the petitioner makes an oral request for substituting Medical Council of India, which has been impleaded as respondent no. 2, by the National Medical Commission. The said request is accepted and the National Medical Commission is impleaded as respondent no. 2 in place of the erstwhile Medical Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:22.02.2022 13:31:20 Council of India. Amended memo of parties be filed during the course of the day.
4. The petitioner, who admittedly belongs to the OBC category, and is holding a 'Ward of Insured Person (IP)' Certificate issued by ESIC, is aggrieved by the respondents' action in cancelling the seat allotted to him under the ESIC IP quota in the NEET (UG)- 2021.
5. Learned counsel for the petitioner submits that although, at the time of filling up the admission form, the petitioner had relied on an OBC certificate issued by the Competent Authority on 24.12.2018, which certificate is valid for a period of five years, the respondent no. 1 has, on 27.01.2022, issued a notification stating therein that only the OBC certificates issued only after 01.04.2020 would be considered as valid. He submits that immediately upon learning about the said notification, the petitioner applied for a fresh OBC certificate which was issued to him only on 07.02.2022. The same, however, is not being accepted by the respondent and the seat allotted to him in ESIC PGIMSR, Joka, Kolkata, West Bengal is being cancelled. By relying on the decision of this Court in Hemani Malhotra vs. High Court of Delhi, he contends that the 'Rules of the Game' could not be changed after the game had already begun, and the respondent no. 1 could not be permitted to issue a notification as late as on 27.01.2022 to declare all valid OBC certificates as invalid.
6. Issue notice. Mr. Dabas, Mr. Chandra and Mr. Aggarwal accept notice on behalf of respondent nos. 1, 3&4 and 5, respectively. Upon the petitioner taking steps, issue notice to respondent no. 2 through Mr.T.Singhdev, learned Standing Counsel for the National Medical Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:22.02.2022 13:31:20 Commission.
7. Counter affidavit, if any, be filed within a week. Rejoinder thereto, if any, be filed within three days, thereafter.
8. List on 03.03.2022.
9. Till the next date of hearing, the respondents will stand restrained from allotting the seat which was allotted in favour of the petitioner, to any other candidate.
REKHA PALLI, J FEBRUARY 21, 2022 acm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:22.02.2022 13:31:20