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2023 Supreme(Del) 5363

SATISH CHANDRA SHARMA, SANJEEV NARULA
Aakash Goel – Appellant
Versus
Department of Social Welfare Delhi Govt. – Respondent


Advocates appeared:
Mr. Rahul Sagar Sahay, Mr. Raghav Rajmalani and Mr. Prince Kr. Singh, Advocates, for the Petitioner.
Mr. Anuj Aggarwal, ASC with Ms. Ayushi Bansal, Ms. Arshya Singh and Mr. Yash Upadhyay, Advocates, for the Respondent-1 & 2.
Mr. Rahul Sagar Sahay, Mr. Raghav Rajmalani and Mr. Prince Kr. Singh, Advocates.
Mr. Prashant Manchanda, ASC with Mr. Angad Singh, Ms. Nancy Shah and Ms. Jay Shree, Advocates, for the Respondent.

JUDGMENT

Sanjeev Narula, J. (Oral) - The Old Age Assistance Rules, 2009 ("Rules"), promulgated by the Government of NCT of Delhi ("GNCTD"), fundamentally serve as a scheme devised to provide financial aid to the indigent above the age of sixty years. As it stands, the benefits of the scheme are earmarked for a limited number of beneficiaries. This numerical cap has undergone revisions over time; nonetheless, an upper limit remains. In W.P.(C) 3683/2022, the Petitioner inter alia impugns this upper limit, advocating for an extension of the Rules' benefits to a higher number of qualifying applicants. Concurrently, in W.P.(C) 15394/2022, the Petitioner raises similar concerns, having faced a rejection of his enrolment application owing to the exhaustion of available slots. Given the analogous foundation of the challenges presented, a common judgment is being passed.

2. In order to comprehend the contentions raised in the instant petitions, it would be appropriate to briefly delineate the factual backdrop. The Rules were introduced with the objective of proffering financial support to destitute elderly individuals bereft of any means of sustenance or familial support. Rule 4 provides the

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