Sunday, December 20, 2009

Court comes to the rescue of backward class candidate

The Delhi High Court has asked the permier medical studies institution - 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 allowed. A division bench of Chief Justice Ajit Prakash Shah and Justice S Muralidhar, in an 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.

Source: The Times of India, December 14, 2009

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