Judgment:
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:
27. 09.2013 W.P.(C) 4359/2013 & CM 10085/2013 & CM 12801/2013 KRITI BHAKUNI (MINOR) Through: ..... Petitioner Mr. J.S. Manu with Mr. CSS Pillai, Advs. versus UNION OF INDIA & ORS Through: ..... Respondent Mr. Mohinder J.S. Rupal, Adv. for University of Delhi Ms. Zubeda Begum and Ms. Sana Ansari, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.
(ORAL) The petitioner before this Court is a ward of a defence ex-serviceman. The petitioner qualified NEET-UG, 2013 for MBBS course and secured rank number 1122. The petitioner applied to Delhi University for admission at its Patel Chest and when he went to Rajya Sainik Board to obtain a certificate certifying that he belongs to a category “Children, Widows and Wives of Armed and Para Military Personnel (CWWAPP category) persons, he was denied that same on the ground that he does not fall in any of the priorities of defence personnel notified for admission to the MBBS course of Delhi University.
2. Admittedly, there is a reservation of 5% in Delhi University for the children, widow and wives of armed and para-military personnel known as CWWAPP category. It appears that in terms of reservation policy of the Central Government, the following are the sub-categories of the abovereferred categories:- “Priority I Widows/wards of Defense Personnel/Para-Military Personnel Killed in action. Required Certificate: Proof in Original. Priority II - Wards of serving Defense personnel and ex-servicemen/Para-Military Personnel disabled in action. Required Certificate: Original disability certificate clearly indicating the disability is attributable to Military Services. Priority III - Widows/wards of Defense Personnel/Para-Military Personnel who died in peace time with death attributable to Military Service. Required Certificate: Original death certificate clearly indicating the cause of death is attributable to Military Services. Priority IV - Wards of Defense Personnel/ParaMilitary Personnel disabled in peace time with disability attributable to Military Service. Required Certificate: Original disability certificate clearly indicating the disability is attributable to Military Services. Priority V - Wards of serving Defense Personnel and ex-servicemen para-Military / police personnel who are in receipt of Gallantry Awards. Required Certificate: Proof in Original. Priority VI* – Wards of defense Ex-servicemen. Required Certificate: Original ex-servicemen Identity Card/discharge book/PPO (Pension Payment Order). Priority VII*– Wards of Serving Defense personnel. Required Certificate: Original Service Identity Card and Dependant Card/ Certificate issued by the Competent Authority. *: Priority VI and VII added this year” However, the respondent-University, while adopting the first five priorities, did not adopt priority No.VI and VII. The petitioner before this Court admittedly does not fall in any of the priorities out of Priority No.I to V. The case of the petitioner, however, is that a number of other institutions have adopted all the seven categories, notified by the Central Government and it would be highly unreasonable and undiscriminatory to the petitioner and others who are similarly situated, if sub-categories VI and VII are not adopted by the respondent-University.
3. In W.P(C) No.5682/2010 decided on 8.10.2010 Sukhanshu Singh versus Delhi Technological University, a learned Single Judge of this Court, held that there was no rationale behind the decision of the university not to adopt categories no.6 and 7. He directed the university to admit the petitioner in the aforesaid case though he did not apply under any of the five categories which Delhi Technological University (DTU) had adopted. Being aggrieved, DTU preferred an appeal which came to be decided by the Division Bench of this Court vide order dated 12.11.2010. The Division Bench after taking note of the circular dated 17.11.2000 issued by the Government of India and also considering that DTU was an independent university not bound by the order passed by the Central Government, held that there was no command in the aforesaid communication of the Central Government to the said university to fill up 5% quota of defence personnel from amongst all the 7 categories and no fault can be found with the conscious decision taken by the university to exclude the last 2 categories. The order of the learned Single Judge was, therefore, set aside. In view of the aforesaid decision, petitioner who does not fall in category 1 to 5 which the Delhi University has accepted but falls in categories 6 or 7, which the said university did not accept and adopt, can have no benefit of the reservation made for the wards of defence personnel.
4. The learned counsel for the petitioner, however, submits that since father of the petitioner had suffered a bullet injury, he is covered under category 4. The said category consists of candidates who are sons/ daughters/ wives of armed forces personnel including para-military personnel, disabled in peace and the disability is attributable to military/ para-military service. A perusal of the certificate issued to the mother of the petitioner would show that the father of the petitioner died on account of bullet injury on 12.4.1997 but the said injury was not attributable to the military service. It is only death/ disability attributable to military service, which entitles the wards of the defence personnel person concerned to the benefit of reservation prescribed for the wards of defence personnel. Since the father of the petitioner died on account of injury which was not attributable to military services, the petitioner can have no benefit of the aforesaid benefit made available to the wards of defence personnel.
5. The writ petition is devoid of any merit and is hereby dismissed. There shall be no orders as to costs. Dasti under the signatures of the Court Master. V.K. JAIN, J SEPTEMBER 27 2013 RD/BG