JUDGEMENT
V.K.JAIN, J. -
(1.)THE petitioner no.2 before this Court applied to the respondent-
Netaji Subhash Institute of Technology for admission to B.E. Course for
the academic year 2013-2014. The brochure issued by the said institute
for the academic session 2013-2014 provides inter alia reservation for the
children of Ex-servicemen/ serving personnel of the Defence/ Armed
Forces and all Police Personnel who are in receipt of gallantry defence
awards.
The relevant clause contained in the brochure in this regard reads
as under:
4. Reservations The aforesaid allocation of seats carries the following categories of
reservations:
(i) xxxx
(ii) xxxx
(iii) xxxx
(iv) Defence Category (Supplementary): Over and above the Normal
intake, 5% of the total seats are reserved for Defence Category
candidates in accordance with the following priorities:-
xxx
Priority V. Children of Ex-servicemen/ serving personnel of the
Defence/ Armed Forces and all Police Forces who are in receipt
of Gallantry awards.
Note:
Gallantry Awards include: Param Vir Chakra, Ashok Chakra,
Sarvottam Yudh Seva Medal, Maha Vir Chakra, Kirti Chakra,
Uttam Yudh Seva Medal, Vir Chakra, Shaurya Chakra, Yudh
Seva Medal, Sena/ Nau Sena/ Vayusena Medal.
(2.)THE petitioner no.1 who is the father of petitioner no.2 is in receipt of two Police Medal for Gallantry, which were awarded to him by the
President of India. Since the medals / awards received by the petitioner
no.1 do not qualify for admission of petitioner no.2 against the seats
reserved in defence category, the petitioners are before this Court seeking
to the following reliefs:
a. Issue appropriate writ order direction thereby direct the respondent no.1 to consider the admission of the petitioner no.2 under the reserved supernumerary defence category. b. Direct the respondents to include the President's Police Medal for Gallantry and Police Medal for Gallantry by MHA in the List of Medals under Priority V.
The learned counsel for the petitioners has drawn my attention to the communication dated 3.6.1994 sent by Additional Secretary,
Department of Defence, Ministry of Defence to the Chief Secretaries of
the States and Union Territories, recommending the prioritization
mentioned in the said communication, for the purpose of reservation or
preference for admission to medical/ professional colleges, for the wards
of Defence Personnel, so as to achieve the standardization in such
reservation or preference. The standardization recommended in the said
letter reads as under:
"Priority-I Widows/ wards of Defence Personnel/ Para Military Personnel killed in action. Priority-II Wards of serving personnel and ex- servicemen / Para Military Personnel disabled in action. Priority-III Widows/ wards of defence Personnel/ Para Military Personnel who died in peace time with death attributable to Military Service. Priority IV Wards of Defence Personnel/ Para Military Personnel disabled in peace time with disability attributable to Military Service. Priority V Wards of ex-servicemen personnel and serving personnel/ para military / police personnel who are in receipt of Gallantry Awards: - 1. Param Vir Chakra 2. Ashok Chakra 3. Sarvottam Yudh Seva Medal 4. Mahavir Chakra 5. Kirti Chakra 6. Uttam Yudh Seva Medal 7. Vir Chakra 8. Shaurya Chakra 9. Yudh Seva Medal 10. Sena, Nau Sena, Vayu Sena Medal"
(3.)HE has also drawn my attention to the letter dated 21.7.2009 sent by Government of India, Ministry of Home Affairs to the Deputy
Registrar, University of Delhi, recommending that wards of all the police
personnel who are recipient of gallantry awards, namely President's
Police Medal for Gallantry and Police Medal for Gallantry awarded by
Ministry of Home Affairs be eligible for reservation for admission in
various courses in the University of Delhi against the above category.
The said letter was sent in response to the letter of University dated
6.7.2009 seeking names/ list of Para-Military Forces under the Ministry of Home Affairs who would be eligible to avail the concession for
admission of their wards under the rules, of the 5% of the total seats for
Children/ War Widow of Defence Personnel/ Para-Military Forces who
are in receipt of Gallantry Awards, for admission to various courses in the
University of Delhi.
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