Salma, with the advice of Sitab Ali Chaudhary, had appealed before the division bench and distributed her petition as the University had allowed her to participate in the special counseling for the vacant seats but as a General Category Candidate .
The petition has clearly said that those 50 seats were only for the OBC Candidates, not for the General Category Candidates. But, it also said that the single judge failed to consider that she was a student entitled to be considered for admission for a sat in LLB course under OBC quota only. On this basis, while issuing notices to the University, the court sought its response by Oct 24, the next day of hearing.
Justice Kailash Gambhir said, “Courts have consistently held that every endeavor by the university and all other institutions should be made to fill all the seats as wastage of seats is not only at the cost of the public exchequer but at the cost of depriving a number of aspiring students struggling to get admission….” The vacant 50 OBC seats shall be converted into General category seats as they were left vacant since the admissions has been closed, he added.
The court finally ordered the University to hold a special counseling session for students only after confirming that the candidates belong to General Category .