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2024 Supreme(Del) 958

IN THE HIGH COURT OF DELHI AT NEW DELHI
SWARANA KANTA SHARMA, J.
Anukriti Arya - Petitioner
Versus
University Of Delhi (Through Vice Chancellor & Ors. – Respondents
W.P.(C) 11616 of 2024 & CM APPL. 48295 of 2024
Decided on : 11-11-2024

Advocates Appeared:
For the Appellant :Mr. Ajai Kumar, Advocate
For the Respondent: Mr. Mohinder JS Rupal and Mr. Hardik Rupal, Advs., Ms. Avshreya Pratap Singh
Rudy SPC, Mr. Vidur Dwivedi GP and Ms. Usha Jamnal, Advs.

The court upheld the University’s reservation policy for Armed Forces personnel, affirming that inclusion of Para-Military and Police Personnel is consistent with directives from both the Ministry of Defence and Home Affairs.

Headnote:(A) Constitution of India - Article 226 - Writ petition challenging reservation policy for admission to UG Medical Courses - Petitioners sought to exclude wards/widows of Para-Military and Police Personnel from CW Category under Delhi quota - Court found University’s policy consistent with directives from Ministry of Defence and Home Affairs. (Paras 1, 17, 28, 30)

(B) Reservation Policy - Judicial interference in policy decisions is limited to instances of demonstrable arbitrariness or illegality - The University’s adherence to established criteria does not warrant judicial intervention. (Paras 29, 32)

Facts of the case:
The petitioner, daughter of an Ex-Serviceman, challenged the inclusion of Para-Military and Police Personnel in the CW Category for MBBS admissions, arguing it dilutes the intent of the reservation policy. (Paras 2, 8)

Findings of Court:
The reservation policy followed by the University since 2009 is valid and aligns with directives from both Ministries; the challenge was dismissed. (Paras 31, 34)

Issues: Whether the inclusion of Para-Military and Police Personnel in the CW Category is arbitrary and inconsistent with the Ministry of Defence’s guidelines. (Paras 8, 28)

Ratio Decidendi: The court ruled that the reservation policy is not arbitrary, as it follows directives from both the Ministry of Defence and Ministry of Home Affairs, and judicial review of policy decisions is limited. (Paras 29, 31)

Result: Petition dismissed.

JUDGMENT :
SWARANA KANTA SHARMA, J.

1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioners seeking following prayers:

“a. Issue writ, order or direction in the nature of certiorari or any other appropriate writ, orders or directions to set aside/quash for issuance of writ, order or direction in the nature of certiorari or any other appropriate writ, orders or directions for setting aside/quashing of the Information Bulletin under graduate (MBBS/BDS) admission 2024-2025 issued by the respondent no.1 & 2 to the extent it includes children/widows of Para-Military Personnel/Personnel of Police Forces {upto priority (v) only} under quota “children/widows of Personnel of the Armed Forces (CW)” in admission in UG Medical Courses (MBBS/BDS/BAMS/BUMS/BHMS) Courses 2024- 2025 under 85% Delhi quota in medical colleges of the Respondent no.1 & 2.
b. issue writ, order or directions in the nature of certiorari or any other appropriate writ, orders or directions for setting aside/quashing of List of Provisionally Eligible candidates under the aforesaid “CW” category for admission to UG Medical Courses (MBBS/BDS/BAMS/BUMS/BHMS) 2024-2025 under 85% Delhi quota published by the respondent no. 1 & 2. 
c. Issue writ, order or direction in the nature of mandamus or any other appropriate writ, orders or directions thereby directing the respondents no. 1 & 2 to publish a fresh I revised list of provisionally eligible candidates under “CW” category (after excluding the wards/widows of Para Military Personnel/Personnel of Police Forces {upto priority (v) only} for admission to UG Medical Courses (MBBS/BDS/BAMS/BUMS/BHMS) 2024-2025 under 85% Delhi quota.
d. Issue writ, order or direction in the nature of mandamus or any other appropriate writ, orders or directions thereby directing the respondents no. 3 to issue allotment of seats falling under CW quota in Medical Courses (MBBS/BDS/BAMS/BUMS/BHMS) 2024-2025 under 85% Delhi quota as per the aforesaid fresh/revised list of eligible candidates under CW category and also for granting all consequential relief(s)...”


FACTUAL BACKGROUND
2. The facts of the case, as discernible from the petition, are that the father of petitioner had served in the Indian Air Force, after which he had attained the status of an ‘Ex-Serviceman‘. His daughter, i.e. the petitioner Ms. Anukriti Arya, had completed her Class 12th   (Science stream) from Delhi in 2021. She was eligible to appear in the National Eligibility-cum-Entrance Test (Undergraduate) [hereafter ‘NEET (UG)-2024‘] for admission into Bachelor of Medicine and Bachelor of Surgery (MBBS) course. As the daughter of an Ex-Serviceman, Ms. Arya is entitled to reservation benefits under the Armed Forces/Defence Quota in educational institutions.

3. Respondents nos. 1 and 2, namely the Vice-Chancellor and the Dean, Faculty of Medical Sciences, respectively, of the University of Delhi [hereafter collectively referred to as ‘the University‘] issued the Information Bulletin - Under Graduate (MBBS/BDS) Admission 2024-2025 [hereafter ‘the Information Bulletin‘]. The Bulletin outlines admissions to various courses, including MBBS, in affiliated medical colleges.

4. It is stated that admission to the MBBS course is based on the All India Rank (AIR) secured in NEET (UG)-2024. The available seats in these medical colleges are divided into two quotas – the All India Quota, comprising 15% of the total seats, and the State Quota, comprising the remaining 85% for each of the colleges affiliated with the University.

5. In February 2024, Ms. Arya submitted the application form for NEET (UG)-2024, which was accepted. She was issued an Admit Card and she subsequently appeared for the examination. She secured 658 marks out of 720, resulting in an AIR of 20181 (Category Rank:8913).
 
6. The petitioner‘s grievance centers on the reservation policy concerning the ‘Children/Widows of Personnel of the Armed Forces (CW)‘ [hereafter ‘the CW Category‘]



















































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