Delhi High Court - Orders
Seema vs The Director All India Institute Of ... on 12 January, 2021
Author: Prateek Jalan
Bench: Prateek Jalan
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10791/2020 with CM APPLs. 33842-33843/2020
SEEMA .....Petitioner
Through: Mr. Suraj Prakash Sharma, Advocate
versus
THE DIRECTOR ALL INDIA INSTITUTE OF
MEDICAL SCIENCES AIIMS & ORS. ..... Respondents
Through: Dr. Harsh Pathak, Advocate for R-1
and 2
Mr. Praveen Kumar Jain, Advocate
for R-3/AIIMS
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 12.01.2021 The proceedings in the matter have been conducted through video conferencing.
CM APPL. 33843/2020(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 10791/2020 with CM APPL. 33842/2020(seeking anex-partead interim injunction)
1. The petitioner sought admission to the All India Institute of Medical Sciences (hereinafter referred to as "AIIMS") in the B.Sc. (Honours) Nursing Course for the year 2020-21 in the EWS category. Her contention is that she was permitted to appear in the counselling and was allotted a seat in AIIMS, Rishikesh. An offer letter dated 23.11.2020 has been annexed at W.P.(C) 10791/2020 Page 1 of 4 page 17 of the writ petition. However, the petitioner's grievance is that, when she reported at AIIMS, Rishikesh, her admission was cancelled on the ground that her EWS certificate was belated and did not conform to the requirements of the Information Brochure and the documents.
2. A copy of the Information Brochure for the first round of online seat allocation/ counselling process has been annexed as Annexure-F to the writ petition. With regard to the EWS certificate, it provides as follows: -
"ix) The candidate should also bring the following certificate, if applicable:
xxxx xxxx xxxx b. OBC/EWS Certificate issued by the competent authority for central Govt. Jobs/for admission in Central Govt.
College/Institute. The sub-caste should tally with the Central list of OBC. OBC candidates should not belong Creamy Layer. OBC certificate must be in the Central Govt. Format as prescribed in the prospectus.
xxxx xxxx xxxx
9.Candidates availing constitutional reservation in the 1 st round must show valid proof of their claim for reserved seat at allocated AIIMS when they are depositing original certificates/Demand Draft of Rupees 1.00 Lakhs. In case they do not possess a valid certificate then their claim for the reserved seat allocated in 1st Round will be nullified, and they will be eligible to appear in the 2nd Round as UR candidate subject to cut off the UR merit list provided they deposit the original certificates/Demand Draft at the allocated AIIMS. The OBC/EWS certificate must be valid for admission in Central Govt. Institution. The validity of OBC/EWS certified shall be as per result Notification no.116/2020 dated 15.10.2020 (i.e.16.04.2019 to 21.08.2020)." (Emphasis supplied.)
3. The petitioner had submitted two EWS certificates. The first was dated 23.01.2020 (Annexure-D to the writ petition). The said certificate was admittedly not in the format required as it specifically provided that the W.P.(C) 10791/2020 Page 2 of 4 certificate is in relation to the notification of the Government of Rajasthan, (and not the Central Government). Learned counsel for the petitioner admits that the aforesaid certificate dated 23.01.2020 was not applicable to Central Government institutions at all.
4. As far as Central Government institutions are concerned, the petitioner produced a certificate dated 22.10.2020 (Annexure E to the writ petition). Although this certificate was in the required format for admission to AIIMS, Dr. Harsh Pathak, learned counsel appearing for the respondent nos.1 and 2 on advance notice, submits that it was much belated.
5. I am of the view that Dr. Pathak is right in this contention. Having regard to the stipulations in the Information Brochure regarding the format and the validity of the EWS certificate, which would render the candidate eligible for EWS reservation, the action of the respondents in rejecting the petitioner's certificate cannot be characterised as illegal or unreasonable. Clause 9 of the Information Brochure clearly mentions that the OBC/EWS certificate must be valid for admission in Central Government institutions, and the validity would be of the period from 16.04.2019 to 21.08.2020. The submission of a belated certificate dated 22.10.2020, did not, in these circumstances, satisfy the conditions upon which admission in the reserved category could have been granted to the petitioner.
6. As far as the offer letter relied upon by learned counsel for the petitioner is concerned, the letter itself mentions that it is subject to production of the offer letter, seat allocation letter and verification of the documents for eligibility and identity of candidates as applicable. Learned counsel for the petitioner does not dispute that the certificate dated 22.10.2020, produced by the petitioner, did not satisfy the conditions laid W.P.(C) 10791/2020 Page 3 of 4 down in the Information Brochure.
7. Dr. Pathak submits, in addition, that the first and second rounds of counselling are already over, and only the open counselling for the leftover seats remains to be conducted. In these circumstances also, no effective relief can be granted to the petitioner.
8. Having regard to the facts and circumstances aforesaid, the petitioner has failed to make out a case for interference in the present matter. The writ petition is therefore dismissed, alongwith pending applications.
PRATEEK JALAN, J JANUARY 12, 2021 „j‟ W.P.(C) 10791/2020 Page 4 of 4