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UDAY SINGH  Vs ALL INDIA INSTITUTE OF MEDICAL SCIENCE & ANR.

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W.P.(C) 8351 /2020 Page 1 of 6
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 27th January, 2021

+ W.P.(C) 8351/2020
UDAY SINGH ….. Petitioner
Through: Mr. D.B. Yadav & Mr. Suraj
Yadav, Advocates.
versus
ALL INDIA INSTITUTE OF MEDICAL
SCIENCE & ANR. ….. Res pondents
Through: Dr. Harsh Pathak, Advocate
with Ms. Shaveta Mahajan,
Mrs. Maya Pathak, Mr.Sidharth
Shukla & Mr.Mohit Choubey,
Advocates for R -1.

CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN

J U D G M E N T
PRATEEK JALAN, J. ( Oral )
The proceedings in the matter ha ve been conducted through
video conferencing.
1. The petitioner completed the B.Sc. (Hons.) Botany degree fro m
Swami Shardhanand College, Alipur, Delhi. He thereafter sought
admission in the All India Institute of Medical Science (“AIIMS”)
(respondent no. 1) for an M.Sc. degree in Reproductive Biology and
Clinical Embryology . The petitioner’s application was in the category
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W.P.(C) 8351 /2020 Page 2 of 6
of Other Backward Classes – Non-Creamy Layer (“OBC -NCL”).
2. The petitioner’s grievances in this writ petition are two -fold: –
a) That his OBC certificate dated 17.10.2020 be accepted for
admission in AIIMS in the aforesaid category;
b) That time be extended for him to submit his marksheet and
certificate for final year of B.Sc. (Hons) Botany.
3. I have heard Mr. D. B. Yadav, learned counsel for the
petitioner, and Dr. Harsh Pathak, learned counsel for AIIMS.
4. The aforementioned course was first advertised by AIIMS by
way of an advertisement dated 07.12.2019 in which the qualifying
criteria and the time schedule for registration of applications was laid
down. Pursuant to the aforesaid advertisement, a prospectus was
issued on 13.03.2020. The petitioner applied for admission in the
aforesaid course and participated in the entrance examina tion. He was
allotted a seat under the OBC category, subject to satis fying the
eligibility conditions laid down in the prospectus.
5. At the time of verification of his documents, however, it was
found that the petitioner did not qualify as he did not have an OBC
certificate issued during the period specified in the prospectu s. The
relevant condition laid down in the prospectus is reproduced below: –
“(v). The candidature of the above candidates is subject
to satisfying the eligibility conditions as laid down in the
Prospectus and verification of the
documents/information furni shed in their application
forms and the verification of original
certificates/documents at the time of reporting time.
(ix). The validity of OBC (NCL)/EWS certificate shall
be 16.04.2019 to 21.08.2020 (both date inclusive).
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W.P.(C) 8351 /2020 Page 3 of 6
Certificate issued within this p eriod shall be accepted
only. Those candidates who are found not eligible for
OBC (NCL)/EWS seat on the basis of verification of
respective certificates, shall be treated as UR in their
rank is within the cut -off rank for UR Merit List, or will
NOT be cons idered to be in this list if rank is beyond the
cutoff rank for UR Merit List. ”
6. It is undisputed that the petitioner had produced a caste
certificate dated 03.07.2017. A copy of the aforesaid certificate is
annexed as Annexure P -6 to the writ petition. AIIMS did not accept
this certificate as it was not issued by the competent authorities
between 16.04.2019 and 15.04.2020.
7. Mr. Yadav submits that the aforesaid condition has itself been
done away with by AIIMS while issuing the result of the entrance test.
He r efers me to the clause 6 (ix) of the letter dated 05.10.2020 by
which the result was communicated to the petitioner. The relevant
extracts from the said letter are as follows: –
“5. The candidature of the above candidates is
subject to satisfying the eligi bility conditions as laid
down in the Prospectus and verification of the
documents / information furnished in their application
forms and the verification of original
certificates/documents at the time of reporting time.
6. The above candidates are require d to bring in
original with one set of photo copy of following
documents on or before date as mentioned at Point No.
1 above: –
xxxx xxxx xxxx
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W.P.(C) 8351 /2020 Page 4 of 6
(vi) Relevant degree of Certificate of the recognized
University showing fulfilment of eligibility. Proof of
passing the qualifying examination on or before 31st
August, 2020 with requisite percentage of marks and
subjects failing which their performance at the Entrance
Examination will not be considered.
(vii) Candidates belonging to SC/ST/OBC/EWS
category (applic able only if mentioned in the application
form) are required to bring the copy of the relevant
certificate issued by the competent authority in the
prescribed form as appended in the Prospectus.
(viii) OBC (NCL)/EWS certificate should be valid for
Central Government jobs/Central Govt. Institutions
only, otherwise claim for OBC/EWS reservation will not
be considered.
ix) The validity of OBC (NCL)/EWS certificate shall
be 16.04.2019 to 21.08.2020 (both date inclusive).
Certificate issued within this period sh all be accepted
only. Those candidates who are found not eligible for
OBC(NCL)/EWS seat on the basis of verification of
respective certificates, shall be treated as UR if their
rank is within the cut -off rank for UR Merit List, or
will NOT be considered to be in this list if rank is
beyond the cutoff rank for UR Merit List. ”
8. Mr. Yadav submits that the validity of the certificate as
mentioned in the prospectus was 16.04.2019 to 15.04.2020, whereas in
the acceptance letter the period had been extended to 21.0 8.2020. He
states that, after the aforesaid letter was received by the petitioner on
06.10.2020 , he applied for a new caste certificate , which was issued
on 17.10.2020 . He now wishes to submit the certificate dated
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W.P.(C) 8351 /2020 Page 5 of 6
17.10.2020 to AIIMS , in order to avail of his admission in the OBC –
NCL category .
9. I am of the view that the belated caste certificate cannot be
accepted in view of the conditions in the prospectus , which was
admittedly available to the petitioner prior to taking the entran ce test.
It was stated therein that the caste certificate must be issued between
16.04.2019 and 15.04.2020. In view of the COVID -19 pandemic , the
period was extended to 21.08.2020 . However, this does not imply that
the petitioner was entitled to submit a caste certificate obtained at any
time thereafter. The petitioner’s contention that the prospectus had
been cancelled or given a complete go -by is not acceptable . Neither
the caste certificate of 03.07.2017 nor the caste certi ficate of
17.10.2020 fulfil the conditions of the prospe ctus or the acceptance
letter. Therefore, the petitioner cannot be permitted to avail of the
OBC category reservation. In a recent judgment in W.P.(C)
10791/2020 [Seema vs. The Director All India Institute of Medical
Science AIIMS & Ors. , dec ided on 12.01.2021 ], with regard to the
corresponding condition for admission in AIIMS under the
Economically Weaker Sections [“EWS”] category , this Court has
come to a similar conclusion with regard to submission of a belated
EWS certificate.
10. The second gr ievance of the petitioner – with regard to the
qualifying examination certificate – is equally unmerited. The
requirement of a B.Sc. in Biology or an allied subject is stipulated as
the minimum eligibility criterion for admission to the concerned
course in the advertisement dated 17.12.2019. The acceptance letter
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W.P.(C) 8351 /2020 Page 6 of 6
extracted above also makes it clear that the qualifying degree would
have to be passed on or before 31.08.2020. The petitioner has sought
extension of time to produce the final year marksheet or ce rtificate
from his college. Although the writ petition does not contain any clear
averment to this effect, Mr. Yadav states that the results of the B.Sc.
examination of the petitioner were declared by his under -graduate
college only on 26.10.2020. It is th erefore clear that the petitioner did
not meet the criterion of having complete d his qualifying degree
before 31.08.2020 as required by the respondent.
11. The Court cannot lose sight of the fact that several candidates
would be in a situation similar to that of the petitioner, and no
relaxation can be granted in these timelines in favour of a particular
candidate to the exclusion of others who are similarly placed. The
conditions in the prospectus and the registration documents with
regard to the validity of documents, and the timelines during which
they must be submitted , cannot ordinarily be departed from by the
respondents. The petitioner has not made out any special ground for
such a relaxation in his case.
12. In view of the aforesaid, the present writ p etition is without
merit and is dismissed.

PRATEEK JALAN, J.
JANUARY 27, 2021
‘pv’
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