The University must comply with the categories defined by the Ministry of Defence and cannot unilaterally modify or alter the categories of persons to whom reservation would be available.

SANJEEV SACHDEVA, J.

1. The petitioner in W.P. (C) 7813/2016 challenges the omission of the words “Boarded Out of Service” in Priority II & IV in the category of candidates belonging to Children and Widows of Armed and Para Military Personnel (CWWAPP) also refered to as CW category in the information bulletin of the University of Delhi for the academic session 2016-17.

2. It is contended that reservation for the CW category has been made based on the recommendation of the Kendriya Sainik Board, Ministry of Defence, which in respect of the two priorities has stipulated “disabled in action and boarded out from service” and “disabled in service and boarded out with disability attributable to military service”. It is contended that the said categories have been granted reservations since May 1992 and include the words “boarded out from service”.

3. Learned counsel for the petitioner contends that the Universities do not have the power to grant any reservation on their own and the reservations are to be granted based on the recommendations of the concerned Ministry. Insofar as reservation for the CW category is concerned, the University could not on its own have modified or altered the categories of persons to whom reservation would be available. The University has to act in accordance with the categories defined by the Ministry of Defence. It is contended that the Ministry of Defence, while defining the categories of persons to whom reservations would be available, has specifically recommended that the same would be applicable insofar as category II and IV are concerned to personnel who are “disabled in action/service and boarded out from service”. Additional documents have been tendered by the petitioner in Court. The same are taken on record.

4. Reliance is placed by the petitioner on letter dated 14.05.1992 of Kendriya Sainik Board, Ministry of Defence, with regard to reservation of seats in Medical, Dental Colleges, which records that till last year i.e. 1991, admission to medical/dental colleges, the priorities included wards of serving and retired personnel of armed forces. It is noted that in view of the limited seats being released by the Ministry of Health and Family Welfare every year and other constraints, the Ministry of Defence has modified the priorities. The words “disabled” and “Boarded out of Service” were included in priorities II and IV.

5. Reference is also drawn to letter dated 17.02.2015 of the Kendriya Sainik Board, which modifies the letter dated 14.05.1992 and includes priorities VI and VII in the list of V priorities, as stipulated by the letter dated 14.05.1992. Reliance is also placed on the notice, of the Kendriya Sainik Board, Ministry of Defence, inviting applications for admission to medical colleges and dental colleges for the academic year 2016-17, wherein also in priority II and IV, the words used are “disabled” and “boarded out”.

6. It is pointed out that in the said notice of the Kendriya Sainik Board, in paragraph 2 under the heading “Eligibility for candidates”, it is specifically mentioned that wards of serving personnel, except in priority V, and of civilians are not eligible. Priority V deals with Gallantry Awards/Decoration Holders both serving and retired. As per the said notice, wards of serving personnel are not eligible. Exception is carved out for Gallantry Awards/Decoration Holders.

7. It is contended that even in the year 2013 – 2014 and 2014 – 2015 the words “boarded out from service” were included in the priorities II and IV.

8. Furthermore, it is pointed out by the learned counsel for the Delhi University that Kendriya Sainik Board’s opinion was sought on 06.09.2016 and the officers of the Kendriya Sainik Board were also involved in the process of short-listing of candidate for admission. The officers of the Kendriya Sainik Board, who were present for the purposes of scrutiny of the application forms of the concerned CW categories, have noted that boarded out certificate would