Delhi High Court Directs NBEMS To Convert OBC Seats At Hospital To UR Category
The Delhi Excessive Courtroom has directed the Nationwide Board of Examinations in Medical Sciences (NBEMS) to transform the OBC (Different Backward Castes) seats at a hospital to the (UR) Unreserved/Common class.
A certified Radiologist filed a Writ Petition searching for course to the authorities to allot her the vacant seat of DNB PDCET [Radio Diagnosis], a 2-year course at a hospital towards the emptiness reserved for OBC quota.
A Single Bench of Justice Tejas Karia held, “In view of the identical, it’s clear that the OBC seat allotted to the Respondent No. 3 Hospital shouldn’t be a part of the State Authorities Reservation Roster as confirmed by the Respondent No. 5, State of Haryana vide letter dated 04.06.2025 and is a part of All India Quota. Additional, this isn’t a case of conversion from one reserved class to a different reserved class. In reality, that is the case for releasing the seat from a reserved class and changing the identical to UR class.”
Advocate Amarjit Singh Bedi represented the Petitioner whereas CGSC Mukul Singh, Advocates Siddharth Garg, T. Singhdev, and Sumit Kumar Sharma represented the Respondents.
Case Background
The Petitioner was a certified Radiologist training since final 18 years and had distinctive meritorious achievements. She accomplished her MBBS after which accomplished her PG Diploma in Radiology (DMRD). She additionally accomplished her 3-year Senior Residency in Radio-Analysis. The Respondent-NBEMS issued a notification in January this 12 months for conducting DNB PDCET 2025 and the Petitioner appeared for a similar. She secured 142nd rank Radio-Analysis within the UR quota. NBEMS revealed Indicative Seat Matrix for admission to DNB Submit Diploma Programs for 2025 admission session with one seat of Radio-Analysis out there on the Respondent-Hospital reserved for the OBC Candidate. The Petitioner filed on-line counselling type indicating that the stated hospital being a Authorities hospital as her first desire IVY Well being and Life Science Punjab (IVY) as her second reference.
She was underneath impression that the OBC quota shall be launched, if there isn’t a taker and transformed to UR quota for the hospital. As per the revised allotment particulars of DNB (Submit Diploma) Counselling 2025 Admission Session (First Spherical) revealed by NBEMS, there was no OBC candidate for a similar. Consequently, the Petitioner on enquiry discovered that IVY is a very non-public hospital and having pursued all her levels from authorities faculties, she had a desire just for the federal government ones. Resultantly, she rejected the seat in IVY because the seat in Respondent hospital was nonetheless vacant and unallotted. Subsequently, she made a illustration, searching for allotment on the Respondent hospital, supplied somebody above her rank within the advantage checklist didn’t choose the stated seat. As there was no response, she was earlier than the Excessive Courtroom.
Reasoning
The Excessive Courtroom within the above context of the case, noticed, “Clause 4.6 of the Handbook Centralized Advantage Primarily based Counselling for Admission to Submit Diploma DNB Programs (2025 Admission Session), won’t be relevant within the details of the current case. The choice taken on the fifteenth Accreditation Committee Assembly (twelfth Governing Physique) dated 09.08.2024 may also not be relevant, as the identical pertains to DNB PD seats remaining vacant publish DNB PD counselling. Nevertheless, the counselling for DNB PD for 2025 Admission Session continues to be ongoing as confirmed by the realized counsel for the Respondent No. 1.”
The Courtroom was of the view that the OBC seats allotted to the Respondent hospital for DNB PD for 2025 Admission Session needs to be transformed to UR class by NBEMS and be provided to all candidates together with the Petitioner so as of advantage, who’ve given desire for this seat in both first or second spherical of counselling for the 2025 Admission Session.
“The Respondent No. 1 is directed to transform the OBC seat on the Respondent No. 3 Hospital for DNB PD for 2025 Admission Session to unreserved class and conduct the counselling for this seat just for all of the candidates, who’ve given desire for this seat of the Respondent No. 3 Hospital and allocate the identical as per the advantage checklist”, it directed.
Accordingly, the Excessive Courtroom allowed the Writ Petition.
Trigger Title- Dr. Aditi Panwar v. Nationwide Board of Examinations in Medical Sciences and Ors. (Impartial Quotation: 2025:DHC:4986)
Look:
Petitioner: Advocates Amarjit Singh Bedi, Varun Chandok, and Riya Seth.
Respondents: CGSC Mukul Singh, Advocates Siddharth Garg, T. Singhdev, Sumit Kumar Sharma, Srijan Sinha, Himanshu Chaubey, Lihzu Shiney Konyak, Srajan Yadav, Abhijit Chakraborty, Yamini Singh, Saurav Kumar, and Ira Singh.
