Court Upholds Admission Rights for Armed Forces Personnel's Daughter

Background

In a significant ruling, the Delhi High Court addressed the case of Yashika Malik , who sought admission to undergraduate medical courses at the University of Delhi under the Children/Widows of Armed Forces Personnel category. The legal question centered on the validity of her Education Concession Certificate (ECC) and her eligibility for reservation in the admission process.

Arguments

Yashika Malik 's counsel argued that she was eligible for reservation due to her father's recognition as a gallantry award recipient. Despite her initial inclusion in provisional lists, her name was later removed based on an erroneous cancellation of her ECC by the Kendriya Sainik Board (KSB). The University of Delhi contended that the removal was justified due to the KSB's cancellation, asserting that they had followed proper procedures.

Court's Analysis and Reasoning

The court analyzed the validity of the ECC issued by the Officer-in-Charge, which was confirmed by the Ministry of Home Affairs. It noted that the ECC was issued by a competent authority as per the guidelines outlined in the Information Bulletin. The court found that the University of Delhi's reliance on the KSB's cancellation was misplaced, especially since the MHA had verified the ECC shortly after the cancellation.

Decision

The court ruled in favor of Yashika Malik , directing the University of Delhi and the Medical Counseling Committee to either increase the number of seats in the CW category or create a supernumerary seat for her. This decision underscores the importance of ensuring that meritorious candidates are not deprived of their rightful admissions due to administrative errors.