JUDGMENT

Sanjeev Narula, J. (Oral) - The Appellant, a minor represented through his father, filed a writ petition, being W.P.(C) 9340/2023, seeking a declaration that the eligibility condition for admission to MBBS/BDS Courses of Faculty of Medical Sciences ("FMSc"), University of Delhi ("DU"), and Guru Gobind Singh Indraprastha University, ("GGSIPU") are ultra vires insofar as they disentitle the Appellant from being considered for admission under the category of "Delhi Quota"/"Delhi Region Candidate". The aforesaid prayer was declined in the judgment dated 16th August, 2023 passed by the learned Single Judge of this Court ("impugned judgment").

2. A brief narrative of the facts in the writ petition is as follows:

2.1. The Appellant as well as his father, are permanent residents of Delhi. Owing to the employment obligations of the Appellant's father with Bharat Petroleum Corporation Limited, the family moved to Kolkata in the year 2019. Appellant's father took up the role of Chief Manager (Legal) at Eastern Regional Office in Kolkata. As a result, the Appellant completed his education from 9th to 12th standard at a school in Kolkata. With the aspiration of pursuing an MBBS course, the Appellant appeared for the NEET-2023 examination. However, the Appellant argues that he is being unfairly and arbitrarily excluded from the category of "Delhi Quota"/"Delhi Region Candidate" by the admission rules set forth by DU and GGSIPU ("impugned rules"), extracted hereunder:

2.1.1. The eligibility condition for admission under "Delhi Quota" to MBBS/ BDS Courses prescribed for FMSc, DU,[Section-A, Clause 2(b)(i), Information Bulletin Undergraduate (MBBS/BDS) Admission 2022-2023, University of Delhi, Faculty of Medical Sciences.] is reproduced as follows:

"(b) Qualifying Examination:

(i) The educational qualification for admission is as per NEET conducted by National Testing Agency (NTA). Further to become eligible for 85% Delhi Quota, the candidate must have passed 11th and 12th standard examination under 10 + 2 system conducted by CBSE/Indian school certificate examination/Jamia Millia Islamia, New Delhi or any other equivalent examination from a recognized school situated within the NCT of Delhi only.(See Appendix 1)"

2.1.2. Likewise, the relevant seat allocation rule of GGSIPU for a "Delhi Region Candidate",[Chapter-5, Clause 5.0.1, Admission Brochure for Academic Session 2023-24, GGSIPU.] is reproduced as follows:

"5.0.1 Important Note

Delhi Region 85% of the sanctioned Intake:

The candidate shall be considered as Delhi Region Candidates if they have passed the qualifying examination from any school/institute located in NCT of Delhi or from any college/institute affiliated to GGSIP University. All such candidates shall be notified as "Delhi Region Candidates" for the purpose of counselling for admission."

3. The impugned judgment notes that the grievance urged in the petition is no longer res integra in light of several judgments of the Supreme Court and this Court, which have already dealt with the same issue. Nonetheless, the Appellant has filed the present intra-court appeal, raising the same grievance and assailing the impugned judgment.

GROUNDS OF APPEAL

(I) Preliminary Objection to the Applicability of the DPCI Act

4. As an initial point of contention, Appellant argues that the Learned Single Judge has erroneously construed the scope of Section 3(f) of the Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 ("DPCI Act"). He argues that the DPCI Act is specifically designed to govern unaided educational institutions affiliated to a university offering degree, diploma, and certificate courses. Contrary to this, the relief in the present case is sought qua institutions that are entirely aided and receive recurrent financial support, or grant-in-aid, from a Union Territory, the Central Government, and the