The eligibility for admission under the Children and Wards of Defence Personnel category requires a clear distinction between those boarded out with service-attributable disabilities and those who complete service, affecting priority assignments.

JUDGMENT

Prateek Jalan, J. (Oral)--The proceedings in the matter have been conducted through video conferencing.

1. The petitioner was a candidate for admission to the respondent No.1- Delhi Technological University ["the University"] for the B.Tech course in the 2021-22 session. The petitioner applied in the Children and Wards of Defence Personnel category ["the CW category"]. His grievance is that he was denied admission because he was considered in Priority-VI in the CW category, instead of Priority- IV, to which he claimed entitlement. According to the petitioner, he would have been admitted to the University, if he had been considered in Priority-IV.

Facts

2. The University invited applications for the course in question by way of an Admission Brochure, which has been placed on record. It provides for a reservation of 5% of total seats for the CW category, and lays down various priorities within the CW category, in which candidates would be considered.

3. Priorities-IV and VI, with which we are concerned in this petition, read as follows:

"Priority IV - Wards of disabled in service and boarded/invalid out with disability attributable to military service. Required Certificate (Proof in Original):

a. Discharge Certificate with remarks - medical boarded out, disability attributable to military service.

b. PPO

c. Education Concession Certificate/ I-Card issued by Zila/Rajya/Kendriya Sainik Board.

Priority VI - Wards of Ex-Servicemen Required Certificate (Proof in Original):

a. Discharge Certificate/ Service Particulars

b. Original ex-servicemen Identity Card

c. PPO

d. Education Concession Certificate/ESM/Widow ICard issued by Zila/Rajya/Kendriya Sainik Board."

4. After enumerating the various priorities under the CW category, and the list of documents required to be submitted, the Admission Brochure contains the following notes:

"NOTE:

5. The petitioner applied in the CW category and claimed placement in Category IV. He relied upon his father's service in the Indian Air Force. It is undisputed that the petitioner's father entered service in the Air Force on 18.11.1996, and was discharged from service on 30.11.2016. He was subjected to a Release Medical Board ["RMB"] at the time of discharge, and is in receipt of disability pension on the ground of a disability attributable to military service.

6. The petitioner's case was considered by the University in the CW category, but not in Priority-IV. According to the University, the concerned committee approved the placement of the petitioner only in Priority-VI. The petitioner was unable to secure admission on this basis. His representations to the University to reconsider this decision have not been acceded to, leading to the present writ petition.

Submissions

7. Mr. Rabin Majumder and Mr. Kritendra Tiwari, learned counsel for the petitioner, submit that the petitioner falls within Priority-IV, as his father was boarded out of service with disability attributable to military service. They rely upon a Disability Medical Certificate and proceedings of the RMB, which demonstrate tha