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2008 Supreme(Del) 1100

S.RAVINDRA BHAT
KAVITA KHORWAL – Appellant
Versus
DELHI UNIVERSITY – Respondent


Advocates Appeared:
Mr. Rakesh Dhingra, Advocate
Mr. Amitesh Kumar, Advocate for the UGC. Mr. A. Mariarputham with Mr. Anurag Mathur., Advocates for the Delhi University.
Mr. Som Dutt Kaushik, Advocte for R-2.
Mr. P.P. Malhotra, ASG with Mr. Gaurav Sharma, Mr. Chetan Chawla, Advocates for UOI.
Mr. Mukul Gupta with Mr. Mithlesh, Advocates for AIIMS.

MR. JUSTICE S. RAVINDRA BHAT

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












































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