Delhi HC Sets Aside Admission Cancellation of Jaat Community Med Student Based On Non-Recognition Of Caste Status Per Central OBC List

The petitioner, who had filed the petition assailing cancellation of his admission to four-year BDS course, urged that the aspect underlying the notice was not raised by the Institute at the time of counselling and certificate verification.

On behalf of the Institute, it was submitted that petitioner, belonging to the Jaat community, was granted admission provisionally and it was mentioned in the Information Bulletin that OBC status of only those castes will be recognized which found mention in the central OBC list.

Initially inclined to examine whether the Institute had contributed to the error, the court, in 2019, had granted interim relief in the petitioner's favor by staying the operation of the cancellation notice.

At the time, it was made clear that the petitioner shall not claim any equity on the basis of the interim relief.

In course of the present hearing, however, the court noted that the course to which petitioner was admitted had substantially progressed. If the admission was cancelled now, “the petitioner would suffer irreparably.”

It was further considered that the petitioner's seat could no longer be utilized by another suitable candidate.

“Even the seat which was utilised by the petitioner cannot be reutilised by any other suitable candidate at this point. There does not seem to be any suppression on the part of the petitioner.”

Observing that the show-cause notice was issued to the petitioner after grant of admission, the court confirmed the interim relief and disposed of the petition. Pertinently, it was cautioned that the decision shall not be treated as a precedent.

Counsel for petitioner: Advocate Shrey Tanwar

Counsels for respondents: ASC Hetu Arora Sethi with Advocate Arjun Basra for respondent No.1/GNCTD; Advocates Dr. Vikrant Narayan Vasudeva, Sarthak Chiller and Rohit Lochan appeared for respondent No.2; SPC Avnish Singh with Advocate Pushplata Singh

Case Title: Nikhil Rana v. State (Govt. of NCT of Delhi) and Ors., W.P.(C) 10897/2019

Citation: 2023 LiveLaw (Del) 1200