Libertatem Magazine

Delhi High Court Dismisses Plea for Change of Category From General to OBC-NCL

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In the case of Sushma Ambati v. Ministry of Education and Another, Mr. Justice Jayant Nath, dismissed the petition stating that there was no merit to be found Petitioner’s plea for changing of category.

Brief facts

The petitioner desired directions, that the respondent declare the result of the daughter of the petitioner, considering her as an OBC-NCL category (“OBC Non-Creamy Layer”). It was submitted that respondent No.2 conducted the JEE (ADVANCE) exams. Daughter of the petitioner appeared in the JEE (MAINS) 2020 exam and opted for the category OBC-NCL. The result of the petitioner was declared and with a common rank list of 14731 whereas the same would have been 3098 for the OBC-NCL.

Arguments Before Court

A counter affidavit was filed by the Respondent No.2 which stated that the petitioner’s daughter has changed her category on her own and hence there was no merit in the writ petition. Also, that as per JEE (ADVANCE) 2020 information brochure (“Brochure”) category of a candidate can’t be changed after JEE (MAINS) 2020. It has to remain the same. Reference was made to Ujjwal Tripathi vs. Director General National Testing Agency case decided on 23.05.2019.

An additional affidavit was also filed by the petitioner, it stated that the exam of the daughter of the petitioner was on 27.09.2020. The petitioner was not in a position to select any other option but to select the third option which stated that the petitioner is not a valid OBC-NCL candidate. As, that now the petitioner’s daughter has received a valid caste certificate and hence should be allowed to participate as an OBC-NCL candidate.

Court’s observation

Court observed that petitioner’s pleas were misplaced and there was no reason for the category to be changed from OBC-NCL to the general category. It was also observed that the last date for filing of valid caste certificates was extended. But the petitioner didn’t take any step on the same.

Court’s Decision

Court observed that Ujjwal Tripathi vs. Director General National Testing Agency the judgment passed in this case was applicable to the facts of present case and found the petitioner has admitted while filling up the relevant form and agreed to be treated as a GEN category. Court dismissed the petition stating that there was no merit to be found in the same.

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