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 parents of the petitioner are employed in the Income Tax Department, New Delhi. The competent authority, Office of the Deputy Commissioner (New Delhi District), Delhi issued caste certificate dated 18.3.1995 to the petitioner. The certificate mentions that the petitioner or his family is the ordinary resident of Union Territory of Delhi.

3. In the year 1996, the Income Tax Department allotted a Flat No.103, T.A.-II in Vaishali, Ghaziabad, which falls under NCR to Smt. Shashi Kanta, mother of the petitioner. The allotment offer states that if Smt. Shashi Kanta or her spouse is an existing allottee of any estate office/Government accommodation in Delhi, then she would not be eligible for allotment of the same as per allotment rules. The parents/family of the petitioner shifted to the allotted accommodation as there was inconvenience in accommodation in his ancestral house in Delhi. They took possession of the said Flat on 27.12.1996.

4. In the year 1999, the schooling of the petitioner started from a nearby school in Ghaziabad named Green Field Public School, Chander Nagar, Ghaziabad. In class KG, he was admitted in Deep Memorial Public School, a senior secondary school affiliated to CBSE at Deep Vihar (Ramprastha), P.O. Chander Nagar, Ghaziabad. The petitioner as a kid was admitted in the school as it was in nearby area of their accommodation allotted by the Income Tax Department. The petitioner studied throughout in the same school and passed his Class 12th in 2012. In between the parents of the petitioner continued to be in service of Income Tax Department at New Delhi.

5. The petitioner, with intention to pursue higher education, has passed to take admission in engineering course in the respondent No.4, namely, Guru Gobind Singh Indraprastha University (hereinafter referred to as “the IP University”) as few colleges affiliated to it impart the aforesaid course. Indraprastha Institute of Information Technology and Netaji Subhash Institute of Technology (which are arrayed as respondents No.2 and 3 in the writ petition) are two such institutions affiliated to IP University. There is an All India Engineering/Agriculture Entrance Examination (AIEEE) which is a common entrance examination for admission to the aforesaid professional courses. The petitioner appeared in AIEEE-2012 exam and as per the result declared, his overall rank was 155866. The Petitioner applied for admission in B.Tech course in Indraprastha Institute of Information Technology, Delhi (IIITD) and Netaji Subhash Institute of Technology, University of Delhi (NSIT). Both these institutes admit students on the basis of their ranking in AIEEE. The petitioner also appeared in combined entrance test for admission in B.Tech (CET-2012) in IP University, Delhi. His Roll No. was 9523417. He has secured