Ayushi Through Rahul Kumar Singh v. Delhi Technological University and Ors

RAJIV SAHAI ENDLAW, J. JULY 23, 2015 "gsr"

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd July, 2015 + W.P.(C) No.6671/2015 AYUSHI THROUGH: RAHUL KUMAR SINGH ..... Petitioner Through: Mr. Anoopam N. Prasad, Ms. Vasundhara Nagrath and Mr. Satyam Thareja, Advs. Versus DELHI TECHNOLOGICAL UNIVERSITY & ORS... Respondents Through: Mrs. Avnish Ahlawat & Ms. Latika Chaudhary, Advs. for R-1&2. Mr. Raman Duggal, Adv. for R-3. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petitioner, an aspirant for admission to the Bachelor of Engineering (B.E.) / Bachelor of Technology (B. Tech) programme of the respondent No.1 Delhi Technological University (DTU) in the academic year 2015-16, has filed this petition seeking a direction to the respondent University; i) to grant to the petitioner the benefit of 5% reservation for children belonging to Priority V of the Defence Category; ii) to recognize the Gallantry Awards awarded to the father of the petitioner; and, (iii) to restrain the respondent University from displaying its list of provisionally selected candidates. 2. It is the case of the petitioner: (i) that the respondent University in its Information Brochure of the Joint Admission Counselling for the year 2015 has stipulated that 5% of the total seats are reserved for children belonging to the "Defence Category" in the following priority:- "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/Para Military 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: - (1) Param Vir Chakra (2) Ashok Chakra (3) Sarvottam Yudh Seva Medal (4) Mahavir Chakra (5) Kirti Chakra (6) Uttam Yudh Seva Medal (7) Vir Chakra (8) Shaurya Chakra (9) Yudh Seva Medal (10) Sena/ Nau Sena/ Vayusena Medal* 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 dependent card/ certificate issued by the competent authority. Note: - *This medal is awarded for Gallantry as well as for distinguished service. Accordingly it is notified in correspondence as under: (a) Sena Medal (G)/ Nau Sena Medal (G)/ Vayu Sena Medal (G) for the medal awarded for Gallantry. (b) Sena Medal (D)/ Nau Sena Medal (D)/ Vayu Sena Medal (D) for the medal awarded for Distinguished Service. However, for the purpose for reservation, only notification which states that the Sena Medal has been awarded for Gallantry will be accepted and the Sena Medal for Distinguished Services will not be considered." (ii) that the father of the petitioner, currently posted as Inspector, Delhi Police was awarded two Gallantry Medals – (a) Police Medal for Gallantry vide Notification dated 28th November, 2005; and (b) 1st Bar to Police Medal for Gallantry vide Notification dated 12th February, 2007; (iii) that the Ministry of Home Affairs, Government of India has issued a Certificate dated 11th June, 2015 to the effect that the petitioner is eligible for education concession for admission in Delhi University against the Armed Forces Quota