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2021 DIGILAW 2228 (RAJ)

Kashish Prajapati v. Union of India

2021-11-26

INDERJEET SINGH

body2021
JUDGMENT 1. This writ petition has been filed by the petitioner with the following prayer:- "It is, therefore, most humbly prayed that Your Lordships' may graciously be pleased to admit and allow this writ petition; call for and examine entire record of the case and a) By an appropriate writ, order and direction in the nature thereof thereby the respondents may kindly be directed to consider OBC Certificate of the petitioner as valid and accordingly change the category of the petitioner from General to OBC category and petitioner may be allowed to take part in subsequent round of counseling as per schedule including Central Seat Allocation Board (CSAB 2021) under OBC category and finally allot seat under OBC category preferably with VNIT Nagpur or any other nearest place. b) Any other relief as this Hon'ble Court may deem fit and proper be also passed in favour of the petitioners." 2. Brief facts of the case are that the petitioner being an eligible candidate for OBC (NCL) category appeared in JEE (Main) 2021 exam and secured 94.4855 marks against cut off 68.23 marks and the petitioner in the Round-I was allocated seat in VNIT Nagpur, thereafter, she uploaded her documents on 30.10.2021 and 31.10.2021 she received mail from JOSAA Portal that her OBC (NCL) certificate has been issued prior to 01.04.2021 and according to the norms of the Business Rules for JOSAA, the OBC (NCL) certificate must be issued after 01.04.2021 whereas, the OBC (NCL) certificate of the petitioner has been issued on 13.01.2021 by the Competent Authority. Hence, this writ petition has been filed by the petitioner challenging action of the respondents in not giving admission to her according to her category i.e. OBC (NCL). 3. Counsel for the petitioner submits that the petitioner is a meritorious candidate and she secured 94.4855 marks against cut off 68.023 marks. Counsel further submits that OBC (NCL) certificate has been issued by the Competent Authority on 13.01.2021 which is valid for one year i.e. upto 01.01.2022, a copy of the same is also placed on record i.e. (Annexure-3) of the writ petition. Counsel further submits that the petitioner has also informed the respondents about the valid OBC (NCL) certificate. Counsel further submits that there is no fault on the part of the petitioner and according to the State Government guidelines the certificate issued is valid for the period of one year. Counsel further submits that the petitioner has also informed the respondents about the valid OBC (NCL) certificate. Counsel further submits that there is no fault on the part of the petitioner and according to the State Government guidelines the certificate issued is valid for the period of one year. Counsel further submits that the petitioner again submitted the fresh OBC (NCL) certificate issued by the Competent Authority before the Admission Board on 03.11.2021 (Annexure-7) which confirms that the OBC (NCL) certificate of the petitioner was issued on 03.01.2021, lastly prayed for allowing the writ petition. 4. In support of his contention counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of 'Ram Kumar Gijroya v. Delhi Subordinate Services Selection Board & Anr., reported in (2016) 4 Supreme Court Cases 754. 5. Counsel for the respondents has opposed the writ petition and submitted that according to the Business Rules for Joint Seat Allocation for the Academic Programs, the requirement is that OBC (NCL) certificate must be issued after 01.04.2021 and prayed for dismissal of the writ petition. 6. Heard counsel for the parties and perused the record. 7. Admittedly, a girl candidate who belongs to backward class i.e. OBC (NCL) category secured much higher marks than last cut off marks and her admission was denied by the respondents on the ground that her OBC (NCL) certificate was not issued after 01.04.2021 whereas her certificate was valid upto 01.01.2022 as endorsed by the Competent Authority and she uploaded her documents on 30.10.2021 alongwith a document showing that her certificate is valid upto 01.01.2022 and when the respondents have not considered her OBC (NCL) certificate, then she represented the Admission Board and also submitted the fresh OBC (NCL) certificate issued by the Competent Authority on dated 03.11.2021. 8. 8. The writ petition has been filed by the petitioner deserves to be allowed for the reasons: firstly, the OBC (NCL) certificate issued to the petitioner on 13.01.2021 is valid upto 01.01.2022 as endorsed by the Competent Authority; secondly, on the objection made by the respondents-Admission Board the petitioner has again submitted the fresh OBC (NCL) certificate issued by the Competent Authority on 03.11.2021 which also shows that valid certificate issued in her favour on 13.01.2021 and lastly, in the facts and circumstances of the present case, I deem it proper to exercise the extra-ordinary discretionary jurisdiction of this court under Article 226 of the Constitution of India, holding that certificate of the petitioner OBC (NCL) category is valid upto 01.01.2022. The respondents No.2 & 3 are directed to consider the case of the petitioner for giving her admission in special round of counseling to be conducted by Central Seat Allocation Board (CSAB)-2021, MNIT, Jaipur commencing from 28.11.2021 in left over seats under the OBC (NCL) category as per her merit. 9. Accordingly, this writ petition is allowed.