Delhi High Court
Kriti Bhakuni (Minor) vs Union Of India & Ors on 27 September, 2013
Author: V. K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.09.2013
+ W.P.(C) 4359/2013 & CM 10085/2013 & CM 12801/2013
KRITI BHAKUNI (MINOR) ..... Petitioner
Through: Mr. J.S. Manu with Mr. CSS Pillai,
Advs.
versus
UNION OF INDIA & ORS ..... Respondent
Through: Mr. Mohinder J.S. Rupal, Adv. for
University of Delhi
Ms. Zubeda Begum and Ms. Sana
Ansari, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE V.K. JAIN
V.K. JAIN, J. (ORAL)
The petitioner before this Court is a ward of a defence ex-serviceman.
The petitioner qualified NEET-UG, 2013 for MBBS course and secured rank
number 1122. The petitioner applied to Delhi University for admission at its
Patel Chest and when he went to Rajya Sainik Board to obtain a certificate
certifying that he belongs to a category "Children, Widows and Wives of
Armed and Para Military Personnel (CWWAPP category) persons, he was
denied that same on the ground that he does not fall in any of the priorities of
defence personnel notified for admission to the MBBS course of Delhi
University.
2. Admittedly, there is a reservation of 5% in Delhi University for the
children, widow and wives of armed and para-military personnel known as
CWWAPP category. It appears that in terms of reservation policy of the
Central Government, the following are the sub-categories of the above-
referred categories:-
"Priority I - Widows/wards of Defense
Personnel/Para-Military Personnel Killed in action.
Required Certificate: Proof in Original.
Priority II - Wards of serving Defense personnel and
ex-servicemen/Para-Military Personnel disabled in
action. Required Certificate: Original disability
certificate clearly indicating the disability is
attributable to Military Services.
Priority III - Widows/wards of Defense
Personnel/Para-Military Personnel who died in peace
time with death attributable to Military Service.
Required Certificate: Original death certificate clearly
indicating the cause of death is attributable to Military
Services.
Priority IV - Wards of Defense Personnel/Para-
Military Personnel disabled in peace time with
disability attributable to Military Service. Required
Certificate: Original disability certificate clearly
indicating the disability is attributable to Military
Services.
Priority V - Wards of serving Defense Personnel and
ex-servicemen para-Military / police personnel who
are in receipt of Gallantry Awards. Required
Certificate: Proof in Original.
Priority VI* - Wards of defense Ex-servicemen.
Required Certificate: Original ex-servicemen Identity
Card/discharge book/PPO (Pension Payment Order).
Priority VII*- Wards of Serving Defense personnel.
Required Certificate: Original Service Identity Card
and Dependant Card/ Certificate issued by the
Competent Authority.
*: Priority VI and VII added this year"
However, the respondent-University, while adopting the first five
priorities, did not adopt priority No.VI and VII. The petitioner before this
Court admittedly does not fall in any of the priorities out of Priority No. I to
V. The case of the petitioner, however, is that a number of other institutions
have adopted all the seven categories, notified by the Central Government and
it would be highly unreasonable and undiscriminatory to the petitioner and
others who are similarly situated, if sub-categories VI and VII are not adopted
by the respondent-University.
3. In W.P(C) No.5682/2010 decided on 8.10.2010 Sukhanshu Singh
versus Delhi Technological University, a learned Single Judge of this Court,
held that there was no rationale behind the decision of the university not to
adopt categories no.6 and 7. He directed the university to admit the petitioner
in the aforesaid case though he did not apply under any of the five categories
which Delhi Technological University (DTU) had adopted. Being aggrieved,
DTU preferred an appeal which came to be decided by the Division Bench of
this Court vide order dated 12.11.2010. The Division Bench after taking note
of the circular dated 17.11.2000 issued by the Government of India and also
considering that DTU was an independent university not bound by the order
passed by the Central Government, held that there was no command in the
aforesaid communication of the Central Government to the said university to
fill up 5% quota of defence personnel from amongst all the 7 categories and
no fault can be found with the conscious decision taken by the university to
exclude the last 2 categories. The order of the learned Single Judge was,
therefore, set aside. In view of the aforesaid decision, petitioner who does not
fall in category 1 to 5 which the Delhi University has accepted but falls in
categories 6 or 7, which the said university did not accept and adopt, can have
no benefit of the reservation made for the wards of defence personnel.
4. The learned counsel for the petitioner, however, submits that since
father of the petitioner had suffered a bullet injury, he is covered under
category 4. The said category consists of candidates who are sons/ daughters/
wives of armed forces personnel including para-military personnel, disabled
in peace and the disability is attributable to military/ para-military service. A
perusal of the certificate issued to the mother of the petitioner would show
that the father of the petitioner died on account of bullet injury on 12.4.1997
but the said injury was not attributable to the military service. It is only death/
disability attributable to military service, which entitles the wards of the
defence personnel person concerned to the benefit of reservation prescribed
for the wards of defence personnel. Since the father of the petitioner died on
account of injury which was not attributable to military services, the petitioner
can have no benefit of the aforesaid benefit made available to the wards of
defence personnel.
5. The writ petition is devoid of any merit and is hereby dismissed. There
shall be no orders as to costs.
Dasti under the signatures of the Court Master.
V.K. JAIN, J
SEPTEMBER 27, 2013
RD/BG
