Back
IN THE HIGH COURT OF DELHI
S.RAVINDRA BHAT
KAVITA KHORWAL - Appellant
Versus
DELHI UNIVERSITY - Respondent
W.P. (C) 11056/2004
Decided On : 03-11-2008
The petitioner, an originally listed Delhi Scheduled Caste (SC) candidate, appeared for the LLB entrance examination conducted by the first respondent (the University) on 20.06.2004. She was at S.No. 118 in the SC category ranking and it is stated that she could not obtain admission in the course due to inclusion of ineligible SC candidates belonging to States/ Union territories (UTs) other than Delhi. It is alleged that by virtue of Articles 341 and 342 of the Constitution of India and notifications issued under those provisions, only Delhi listed scheduled caste candidates could be considered for admission in the SC category rank list in the entrance examination of the LL.B. examination of the University. She submits that by treating SC candidates from other States at par with SC candidates from Delhi, the University is conferring privileges that violate her rights under the Constitution, as it equates dissimilar people as entitled under law for affirmative action policies in a specific State with others who are given similar status, though in different States or Union Territory. Therefore, she seeks an order directing the University to implement order no. Nos. 35/1/72/RU (SCT-V) dated 02.05.1975 and BC.12025/2/76-SCT-I dated 22.03.1977 passed by the Ministry of Home Affairs, Government of India, which mandates that the SC category quota be filled from Delhi listed Scheduled castes only.
Fact of the Case:
The petitioner, an originally listed Delhi Scheduled Caste (SC) candidate, appeared for the LLB entrance examination conducted by the first respondent (the University) on 20.06.2004. She was at S.No. 118 in the SC category ranking and it is stated that she could not obtain admission in the course due to inclusion of ineligible SC candidates belonging to States/ Union territories (UTs) other than Delhi.
Finding of the Court:
The court held that in relation to the Union Territory of Delhi, for admissions to institutions managed and completely controlled by the Government of the National Capital Territory of Delhi, reservation, under Article 15(4) can be enjoyed by only those caste groupings enlisted in the Scheduled Caste (Union Territories) Order, 1951, as regards Delhi, and subject to the conditions spelt out there. Members of castes and tribes who do not fulfil that description, and/or are not described in that Order, would not be entitled to such benefits. In the case of Central Government institutions like the Delhi University, All India Institute of Medical Sciences, etc, however, since the entire funding and control is through such Government, members of scheduled castes or scheduled tribes, fitting the description, from any part of the country, i.e any State or Union Territory, would be entitled to such reservation benefits, provided they fulfil the criteria prescribed in relation to the concerned state.
Issues: Whether the University's policy of providing reservations to candidates of castes not included in Delhi state SC list, is unconstitutional.
Ratio Decidendi: The court held that the Presidential Notifications and Acts are conclusive and binding. They cannot be investigated by the Courts, [Ref. B. Basavingappa vs. D. Munichinnappa, 1965(1) SCR 315, State of Maharashtra vs. Milind, 2001(1) SCC 4] (ii) The SC Orders are to be read as they are, and cannot be varied or modified by interpretation; (iii) The Presidential notifications are to be construed strictly as regards matters mentioned there (Palghat Jilla Thandan and Milind); (iv) It is permissible to notify scheduled castes/tribes in parts of a State or parts of any area. Such restrictions are not discriminatory, having regard to be purpose of extending benefits to castes that are backward in relation to a specified area (Bhaiyalal, 1965(2) SCR 877). (v) No authority, save Parliament is empowered to modify or amend the Orders under Articles 341 and 342 (Bhaiyalal, Marri, Milind and the latest judgment, in 2007, in Shree Surat Valsad Jilla).
Final Decision: The writ petition and pending applications are disposed of in these terms. There shall be no order as to costs.
1. Courts in India have often traversed questions relating to the principle of equality and affirmative action. This constant engagement with affirmative action policies has not only raised questions relating to their validity and reach, but also crucial questions about the beneficiaries of such policies. This petition raises one such short, yet significant question.
2. The petitioner avers that she is an originally listed Delhi Scheduled Caste (hereafter “SC”) candidate and appeared for the LLB entrance examination conducted by the first respondent (“the University”) on 20.06.2004 She was at S.No. 118 in the SC category ranking and it is stated that she could not obtain admission in the course due to inclusion of ineligible SC candidates belonging to States/ Union territories (UTs) other than Delhi. It is alleged that by virtue of Articles 341 and 342 of the Constitution of India and notifications issued under those provisions, only Delhi listed scheduled caste candidates could be considered for admission in the SC category rank list in the entrance examination of the LL.B. examination of the University. She submits that by treating SC candidates from other States at par with SC candidates from Delhi, the University is conferring privileges that violate her rights under the Constitution, as it equates dissimilar people as entitled under law for affirmative action policies in a specific State with others who are given similar status, though in different States or Union Territory. Therefore, she seeks an order directing the University to implement order no. Nos. 35/1/72/RU (SCT-V) dated 02.05.1975 and BC.12025/2/76-SCT-I dated 22.03.1977 passed by the Ministry of Home Affairs, Government of India, which mandates that the SC category quota be filled from Delhi listed Scheduled castes only.
3. The Petitioner submits that the Constituent Assembly while debating provisions relating to reservations and equality, had agreed that those communities, which have been historically discriminated against should be given a “ look in” and special treatment should be given to them. This intention is manifested from a reading of Article 15, Article 16, Article 341 and Article 342 of the Constitution. Under Articles 15 and 16 special treatment is to be given to those categories of people who are identified and notified as such, by notification of the President under Articles 341 and 342. It is submitted that in furtherance of this power, the President, in 1950, notified the list of Castes and Tribes, who shall be the beneficiaries of policies implemented under Article 16 and Article 15 in respect of different States and Union Territories. It is submitted that a plain reading of Article 341 would reveal that the benefit of reservation is to be provided only to those who belong to Scheduled Castes and Scheduled Tribes, “in relation to” particular State or Union territory. It is in furtherance of this objective that in the year 1975, the Union Ministry of Home Affairs (MHA) issued a notification declaring the terms and conditions which were applicable for reservation of seats in case of migration of Scheduled Castes and Scheduled Tribes from one state to another. Para 2(ii) of the said order is reproduced as under: ``Where a person migrates from one state to another, he can claim to belong to SC or ST only in relation to the state to which he originally belongs and not in respect of the state to which he has migrated`. In the year 1977, the MHA brought another notification clarifying the earlier order of
1975, i with regard to residence, wherein it was stated as under: ``As required under Article 341 and 342 of the Constitution the President has with respect to every State and Union Territory and where it is State after consultation with governor of the concerned state issued orders notifying various castes and tribes as SC and ST in relation to that State or UT from time to time. The inter State area restriction have b
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
