Monday, December 14, 2009

[ZESTCaste] Court asks AIIMS to admit OBC candidate to course of choice

Court asks AIIMS to admit OBC candidate to course of choice

December 13th, 2009 - 5:22 pm ICT by IANS -
New Delhi, Dec 13 (IANS) The Delhi High Court has asked the All India
Institute of Medical Sciences (AIIMS) to allocate a seat, in the
course of his choice, to an aspirant who sought to appear in
counselling both under the general and quota seats but was not
A division bench of Chief Justice Ajit Prakash Shah and Justice
S.Muralidhar, in a order passed earlier this week, asked the AIIMS to
admit Manish Patnecha, a candidate from the other backward class
(OBC), who was denied an opportunity to sit for second counselling
against the OBC quota this year after he opted for a seat against the
general category.

During the second counselling, he sought to appear against the OBC
quota so that he could get admission in a subject of his choice but
AIIMS debarred him, saying that would block two seats.

Patnecha then approached the court, contending a higher ranked
candidate belonging to reserved category should not be deprived of the
choice of either a seat or an institution vis-a-vis a candidate of the
same social class figuring lower in the merit list, while applying the
principle of reservation.

Finding the AIIMS decision unjustified, the court directed the
institute to offer Patnecha the seat in the course of his choice.

Earlier this year, a single judge bench had declined any relief to
Patnecha, ruling that the AIIMS could not be directed to have second
counselling again and allot him the seat in a course of his choice,
cancelling the allocation of the seat to another candidate.

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