G. ROHINI, J.

1. These two appeals are filed assailing the order of the learned Single Judge dated 23.09.2016 in W.P.(C) Nos.7813/2016, 8358/2016 and 8582/2016.

2. W.P.(C) No.7813/2016 was filed by the respondent Nos.3 to 5 in LPA No.536/2016 challenging the action of the University of Delhi, Faculty of Medical Sciences (for short 'University') in omitting the words ‘boarded out from service’ from Priorities II and IV for 5% reservation meant for Children/Widows of the eligible Armed Forces personnel (hereinafter referred to as 'CW Category') for admission to Under-Graduate Degree Courses (MBBS/BDS) for the session 2016-17.

3. W.P.(C) Nos.8358/2016 and 8582/2016 were filed seeking a mandamus to the University to follow the reservation as provided in the Bulletin of Information for the Academic Session 2016-17 to grant admission to the candidates belonging to CW Category and they were in fact in the nature of cross petitions to W.P.(C) No.7813/2016.

4. By the order under appeal dated 23.09.2016, the learned Single Judge held that the action of the University in omitting the words ‘boarded out from service’ from Priority-II and the words ‘boarded out from service with disability attributable to Military/Para Military service’ from Priority-IV of CW Category is unsustainable and accordingly directed the University to apply Priorities-II and IV in accordance with the stipulation of Kendriya Sainik Board, Ministry of Defence. Thus, W.P.(C) No.7813/2016 was allowed and W.P.(C) Nos.8358/2016 and 8582/2016 were dismissed.

5. The appellant in LPA No.536/2016, which was directed against the order in W.P.(C) No.7813/2016, was not a party to the proceedings before the learned Single Judge. However, it is pleaded that pursuant to the order under appeal, the first list of counselling published by the University in CW Category was revised resulting in deletion of his name which was figured above the names of the writ petitioners in W.P.(C) No.7813/2016 and thus he was denied admission. So far as LPA No.539/2016 is concerned, the appellants are the petitioners in W.P.(C) No.8358/2016 and they are aggrieved by the dismissal of the said writ petition.

6. We have heard the learned counsel for both the parties.

7. Clause 3(E) of the Bulletin of Information published by the University of Delhi, Faculty of Medical Sciences for admission to Under-graduate Degree Courses (MBBS/BDS) for the Academic Session 2016-17 provided for reservation of 5% seats under CW Category as under:

"(E) Five percent (5%) seats are reserved on horizontal (Compartmental) basis for the candidates belonging to Children/Widows of the eligible Armed Forces Personnel (C.W.) category.

As per the guidelines approved by the Academic Council vide circular No. Aca.I/UG-PG Admission/2014/759 dated 22/05/2014 admission of candidates belonging to CW categories have to be made in the following order or priorities:

I. Widows/Wards of Defence Personnel killed in action;

II. Wards of serving Personnel and Ex-Servicemen disabled in action;

III. Widows/Wards of Defence Personnel who died in peace time with death attributable to Military Service;

IV. Wards of Defence Personnel disabled in peace time with disability attributable to the Military service; and

V. Wards of Ex-servicemen Personnel and serving personnel including Personnel of Police forces who are in receipt of Gallantry Awards."

8. In the tentative list of candidates for admission published by the University based on the marks of AIPMT/NEET under CW Category, the appellant in LPA No.536/2016 was shown at Serial No.13 under Priority-IV; the appellants in LPA No.539/2016 (petitioners in W.P.(C) No.8358/2016) were shown at Serial No.9 (Priority-IV), Serial No.1 (Priority-II) and Serial No.2 (Priority-II) respectively whereas the petitioners in W.P.(C) No.7813/2016 (respondent Nos.3 to 5 in LPA No.536/2016 were shown at Serial Nos.16, 17 & 18 under Priority-V.

9. It was notified by the University vide Notification dated 27.08.2016 that the f