The Supreme Court has dimissed petition filed by a student of minor status who holds AIR 30 in CLAT for correction of category as he accidently marked himself as 'General' instead of 'OBC' in the exam.
The Division Bench of Justice SK Kaul and Justice AS Oka observed that the matter has been referred to Grievance Committee by the High Court and therefore it cannot bring it to conclusion.
“How does the SLP lie? You’ve argued at length before the High Court. The High Court has asked the Grievance Committee to consider your case. No time fixed in this order. Now what do we do in this order..Sorry," the Court said.
His Counsel, Sr. Advocate Meenakshi Arora argued that although the petitioner filled the form incorrectly, the Caste Certificate attached along clearly stated that he belonged to non-creamy layer.
She went on to submit that the petitioner is an extremely meritorious child and has learnt very early in his career to read his document carefully.
She urged that the SLP be considered by mentioning before the bench that second round of counselling are about to begin and OBC seats are lying vacant which can very well be taken by the petitioner.
The Bench however remained inclined to rejecting the SLP and stressed that how the Supreme Court can be approached directly when the petitioner has not acted in time.
“Only appropriate course of action for you now is moving HC, file an application in these proceedings… saying second round of counselling is going to happen, etc," Justice Kaul said.
When the Counsel buttress her submission and prayed that the future of petitioner is on line and that the mistake he made is retifiable, Justice Oka orally remarked:
“Look at the consequence. If we allow your application then one student who filled his form rightly will lose out”
When Ms. Arora emphasised that she was only seeking orders for being considered in case a vacant seat arose and nothing else, Justice Kaul clearly stated that they cannot pass directions for the petitioner to be considered.
He further went on to say that only sympathetic jurisdiction can be exercised and apprehended that it will be chaotic if even one such petition is allowed.
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(With input from news agency language)
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