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2015 Supreme(Del) 1613

IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJIV SAHAI ENDLAW, J.
Ayushi Through: Rahul Kumar Singh - Petitioner
Versus
Delhi Technological University & Ors. - Respondents
W.P.(C) No.6671/2015
Decided on : 23-07-2015

Advocates:
Advocate Appeared:
Mr. Anoopam N. Prasad, Ms. Vasundhara Nagrath and Mr. Satyam Thareja, Advs.
Mrs. Avnish Ahlawat, Ms. Latika Chaudhary, Mr. Raman Duggal, Advs.

The court emphasized the autonomy of the respondent University in making decisions regarding reservation and the exhaustive nature of the list of Gallantry Awards mentioned in the Information Brochure.

Headnote:

Reservation - Admission to B.E./B. Tech programme - Defence Category - Priority V - Gallantry Awards - Information Brochure of the Joint Admission Counselling for the year 2015 - Summary of Acts and Sections: The court discussed the interpretation of the clause in the Information Brochure regarding reservation for children belonging to the Defence Category, specifically focusing on Priority V and the inclusion of Gallantry Awards. The court analyzed the exhaustive nature of the list of Gallantry Awards, the absence of specific mention of Police Medals, and the autonomy of the respondent University in making decisions regarding reservation.

Fact of the Case:

The petitioner sought reservation for admission to the B.E./B. Tech programme at Delhi Technological University under Priority V of the Defence Category based on Gallantry Awards awarded to her father. The respondent University denied the reservation, leading to the petition.

Finding of the Court:

The court found that the petitioner could not have understood the clause in the Information Brochure as being inclusive of the Gallantry Awards awarded to her father. The court also noted the absence of specific mention of Police Medals and the autonomy of the respondent University in making decisions regarding reservation.

Issues: The issues included the interpretation of the clause in the Information Brochure regarding reservation for children belonging to the Defence Category, the inclusion of Gallantry Awards, and the autonomy of the respondent University in making decisions regarding reservation.

Ratio Decidendi: The court held that the list of Gallantry Awards mentioned in the Information Brochure was exhaustive, the absence of specific mention of Police Medals was significant, and the respondent University had the autonomy to make decisions regarding reservation.

Final Decision: The petition was dismissed, and no costs were awarded.

Judgment

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 under Priority V;

(iv) that the petitioner went to the respondent University on 13th July, 2015 for document verification but the documents of the petitioner were not accepted on the ground that Gallantry Awards awarded to the father of the petitioner do not fall under Priority V of the Information Brochure aforesaid of the respondent University;

(v) that the action of the respondent University of denying the aforesaid benefit of reservation under the Defence
































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