MANILA GADDH Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The question arising for determination in this petition is whether the 22.5% reservation for SC/ST candidates is to be applied on the full 100% seats or on 75% after excluding the 25% seats for which entrance test is conducted by the All India Institute of Medical Sciences? Petitioner by this writ petition seeks a direction to the University of Delhi to apply the 22.5% reservation for Scheduled Caste (15%) and Scheduled Tribe (7.5%) candidates, on 75% seats i.e.252 seats for post graduate decree/diploma course for admission to University of Delhi. The examination has been conducted for the Session 2002 and the counselling commenced on 9.4.2002 for SC/ST and on 10.4.2002 for general category candidates.

(2.) The Case of the petitioner is that University of Delhi has in all 327 seats for Post Graduate Degree course out of which 25% of these seats i.e. 85 seats comprising 60 seats in Post Graduate Degree course and 25 seats in graduate diploma, are filled by the Government of India on the basis of the merit list declared by the AIIMS, which conducts the All India Entrance Examination, Delhi. University of Delhi has no control on the above seats. Learned counsel for the petitioner therefore urges that the reservation, which is to be applied should be on remaining seats with Delhi University. In other words, he says that 22.5% is not to be of 100% but of the 75% seats, which are left to the share of University of Delhi.

(3.) Learned counsel for the petitioner points out that earlier University of Delhi was not having any reservation, but was rather granting weightage of 20 marks to the SC/ST candidates and it is only in the brochure for the session 2002 that it has reserved 15% for SC and 7.5.% for ST category. The provision of reservation is contained in bulletin at page 5.