The Delhi High Court has said a reserved category meritorious candidate cannot be denied the benefit of counselling under both unreserved and reserved groups concurrently and directed AIIMS to allocate MD seat to a doctor under unreserved category.
The court passed the order recently on a petition filed by an OBC candidate, Manish Patnecha, who was denied an opportunity to sit for second counselling against OBC quota this year after he had opted for a seat against the general category.
During the second counselling, he sought to appear against OBC quota so that he could get admission in a subject of his choice but the AIIMS debarred him, saying that it would block two seats.
Aggrieved by the decision of AIIMS, Patnecha approached the high court saying a higher ranked candidate belonging to reserved category should not suffer a deprivation in the choice of either a seat or an institution vis-a-vis a lesser merited candidate of the same social class by operation of reservation principle.
The high court had held the decision of the premier institute unjustified.
However, a single judge declined to grant any relief to the doctor saying "The AIIMS cannot be directed to have second counselling again and allot the seat of his choice and cancel the allocation of the seat to another candidate."