Monday, November 23, 2009

[ZESTCaste] AIIMS to pay Rs 20,000 for denying counselling

AIIMS to pay Rs 20,000 for denying counselling

Express News Service Posted online: Monday , Nov 23, 2009 at 0254 hrs
New Delhi : The Delhi High Court has imposed a cost of Rs 20,000 on
All India Institute of Medical Sciences (AIIMS) for refusing to allow
a meritorious reserved category candidate to sit for the counselling
against the OBC quota. The institute decided to deny him the
opportunity as he had first opted for a seat under the general
Justice Anil Kumar, however, said the premier medical institute could
not deny a candidate of reserved category from availing the benefit of
counselling under both categories concurrently. "The merit cannot be
permitted to become demerit as otherwise this will frustrate the very
purpose and object of reservation policy," the court said in a recent

The High Court order followed a petition filed by an OBC candidate,
Manish Patnecha, who was denied counselling against OBC quota after he
had opted for a seat in the general category.

During the second round of counselling, Patnecha sought to appear
against OBC quota to gain admission in a subject of his choice but
AIIMS debarred him, saying that it would block two seats. Aggrieved by
the denial, he approached the High Court saying a higher ranked
candidate belonging to reserved category should not suffer a
deprivation in the choices of either a seat or an institution of his
choice vis-a-vis a lesser merited candidate of the same social class
by operation of reservation principle.

The court, however, declined to direct the institute for a
re-counselling saying, "AIIMS cannot be directed to have a second
counselling and allot the seat of petitioner's choice and cancel the
allocation of the seat to another candidate."


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