HRIDAYA BHUSHAN Vs. NETAJI SUBHASH INSTITUTE OF TECHNOLOGY
LAWS(DLH)-2013-7-345
HIGH COURT OF DELHI
Decided on July 24,2013

Hridaya Bhushan Appellant
VERSUS
NETAJI SUBHASH INSTITUTE OF TECHNOLOGY Respondents


Referred Judgements :-

RAMESH CHANDRA SHAH VS. ANIL JOSHI [REFERRED TO]
MANISH KUMAR SHAHI VS. STATE OF BIHAR [REFERRED TO]


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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