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2012 Supreme(Del) 2862

A.K.SIKRI, RAJIV SAHAI ENDLAW
Vished Through Legal Guardian Sushil Kumar – Appellant
Versus
Directorate of Higher Education – Respondent


Ms. Anjana Gosain with Ms. Prerna Shah Deo, Mr. Karan Burman, Advocates for Respondent No. 1.
Ms. Avnish Ahlawat, Advocate with Ms. Latika Chaudhary, Advocate for Respondent No. 3
Mr. Mukul Talwar, Advocate with Mr. Rajesh Kumar, Advocate for Respondent No. 4/GGSIPU.
Mr. Sunil Kumar, Advocate for Respondent No. 5. (In WP(C) No. 4042 OF2012, CMAPPL.8471/2012, 8761/2012)
Mr. K.K. Sharma, Sr. Advocate with Mr. R.P. Agarwal, Ms. Priyadarshini Verma, Ms. Bhanita Patowary, Advocates for Petitioner. (In WP(C) No. 4162 OF 2012, CM APPL.8646/2012)
Mr. Amit Bansal, Ms. Ritika Nagpal, Advocate for DU. (In WP(C) No. 4162 OF 2012, CM APPL.8646/2012)

JUDGMENT :

A.K. Sikri, J.

1. Though in these two writ petitions, different educational institutions are involved and the factual matrix of the two cases is also at variance from each other, there is some commonality, albeit in different hue and colour. It was for this reason that both these petitions were taken together for hearing so that discussion on legal principles which are common to each other can be taken note of at one place. However, it is the application of these principles on the facts of these cases that will determine the fate of each of the petitions. Therefore, we proceed to take stock of the factual background of the two cases independently whereafter we would take note of the legal position and then consider the merits of each case, again, independently to arrive at the conclusions.

WP(C) No. 4042 OF 2012

2. The petitioner was born on 28.12.1994 in Delhi out of the wedlock of Mr. Sushil Kumar and Ms. Shashi Kanta. His father Shri Sushil Kumar is the member of NCT of Delhi domiciled Scheduled Caste. His permanent address is in NCT of Delhi. The competent authority in Delhi has issued a caste certificate to that effect to the father of the petitioner. The aforesaid pare































































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