High Court of Punjab and HaryanaCWP/23490/2023disposed of

Ramesh Kumar v. State Of Haryana And Others

2024-09-24The Chief Justice,Mr. Justice Anil Kshetarpal2 pages

CWP-23490-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-23490-2023 Date of Decision: 24.09.2024 Ramesh Kumar

...Petitioner

Vs.

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present

Mr. Sharanjeet Singh Bajwa, Advocate for the petitioner.

Mr. Deepak Balyan, Addl. A. G. Haryana.

Mr. Naveen S. Bhardwaj, Advocate for respondent Nos.3 and 4.

*** Sheel Nagu, CJ.(Oral) 1.

The only controversy in the present case is "as to whether BCA/Other Backward Class Category certificate (hereinafter referred to as 'OBC Certificate') submitted by the petitioner on 10.10.2023, after the cut off date i.e 08.10.2023, can be found to be valid for the purpose of regularizing his admission in the M.D (Anaesthesiology) course of three years to which petitioner was admitted pursuant to the interim order passed by this Court on 20.10.2023?" 2.

Learned counsel for respondent no. 2 does not dispute that BCA/OBC Certificate was submitted by the petitioner on 10.10.2023. 3.

It is also not disputed by learned counsel for rival parties that the petitioner applied under the BCA/OBC category (non-creamy layer). ARCHANA ARORA 2024.09.30 16:00 I attest to the accuracy and integrity of this document

CWP-23490-2023 4.

In view of the decision of the Apex Court in Ram Kumar Gijroya vs. Delhi Subordinate Services Selection Board & Another' 2016 (4) SCC 754, this Court does not find any difficulty in regularizing the admission of the petitioner made pursuant to an interim order dated 20.10.2023. Accordingly, with the aforesaid observations, the writ petition stands disposed of. 5.

However, it is made clear that since this order has been passed in the peculiar facts and circumstances of the case, where admission of the petitioner was made pursuant to an interim order and the petitioner has already completed about one out of three years MD (Anaesthesiology) course and petitioner does not suffer deficiency in eligibility, as a consequence, this order shall not be treated as a precedent for other similarly situated persons. (SHEEL NAGU) CHIEF JUSTICE (ANIL KSHETARPAL) JUDGE September 24, 2024 archana Whether speaking/reasoned?

Yes/No Whether reportable?

Yes/No ARCHANA ARORA 2024.09.30 16:00 I attest to the accuracy and integrity of this document