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Brushing aside the plea in favour of applying the last cut-off in the general category to compute eligibility for OBCs, the bench said Other Backward Class (OBC) admissions were to be done on the basis of minimum eligibility marks.
No candidate who fulfils the prescribed eligibility criteria and whose rank in the merit list is within the number of seats available for admission, can be turned down, by saying that he should have secured some higher marks based on the marks secured by some other category of students, the bench said. A factor which is neither known nor ascertained at the time of declaring the admission programme cannot be used to disentitle a candidate to admission, which is otherwise entitled for admission, it said. Giving an example, the court said if there were a total of 154 seats available in a course and the seats reserved for OBCs were 42, then these seats should be filled by OBC students in the order of merit list of OBC candidates possessing the minimum eligibility marks prescribed for admission.
Courtesy: Times of India
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