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Showing contexts for: NCC case in Jyoti Shukla vs State Of U.P. And 4 Others on 24 March, 2017Matching Fragments
Shri Rahul Agrawal, counsel for the petitioner submitted before this Court that NCC sub-category reservation for admission to MBBS course in the State Medical College is horizontal reservation and as here vacancies in question have been compartmentalised, a candidate who has proceeded to make an application for the purposes of horizontal reservation under NCC OBC sub-category cannot be permitted to change his category and in the present case, opposite party no.5, who is from NCC OBC sub-category has been accorded admission against the seat meant for NCC General sub-category and as such, there is an apparent illegality committed in allotting NCC General sub-category seat to NCC OBC sub-category candidate on the face of record and accordingly injustice done to the petitioner by not providing her the Institution of her choice be redressed by according requisite relief and the time table that has been fixed for giving admission to MBBS course should not at all come in the way of petitioner in getting the requisite relief as the petitioner is already studying and is merely seeking a transfer.
In the present case, the fact of the matter is that State of U.P. in the matter of application of horizontal reservation has totally misread the very spirit of the application of horizontal reservation wherein based on social class, adjustments are required to be made and it is not at all an admission based on merit. Caging done by counselling authorities clearly reflected that it was a case of compartmentalised reservation. The facts of the case clearly reflect that one single seat had been reserved for OBC NCC category candidate at Kanpur, then the second OBC category candidate could not have been offered admission and contrarily, the other seats that were available in OBC category could have been offered and in case no other OBC category seat was available, then opposite party no.5 could not have been adjusted in the open category as her adjustment would have the effect of exceeding 50% reservation limit. As of now this fact has been accepted that under NCC sub-category 6 persons from OBC category; 3 General category and 4 S.C. category candidates have been accorded admission.