JYOTI RANI Vs. GURU GOBIND SINGH INDRAPRASTHA

JUDGEMENT

(1.) THE petitioner before this Court belongs to ,,Balmiki community, which is notified as Scheduled Caste in the National Capital Territory of Delhi, under Constitution (Scheduled Castes) Union Territory Order, 1951. ,,Balmiki is also notified as a Scheduled Caste in the undivided State of Punjab in terms of the Constitution (Scheduled Castes), 1950. The petitioner applied for admissions as a Delhi Scheduled Caste candidate to the B.Tech. course of the respondent Guru Gobind Singh Indraprastha University. She, however, was denied admission to the aforesaid course. Being aggrieved, she is before this Court seeking the following reliefs:

(2.) IN its counter affidavit, the respondent university has taken the plea that since the petitioner is not a permanent resident of Delhi, her family having migrated to Delhi from Punjab, she is not entitled to admission under the category of ,,Delhi Scheduled Castes. It is also pointed out in the counter affidavit that the Scheduled Caste certificate issued to the petitioner has been issued on the basis of Scheduled Caste certificate of her father. However, this is not the case of the respondent ­ university in the counter affidavit that 'Balmiki' community notified as Scheduled Caste in Delhi is different from 'Balmiki' community notified as Scheduled Caste in the State of Punjab.

(3.) AN appeal being LPA No.587/2013 was filed by the petitioner in the aforesaid writ petition. The said writ petition was dismissed vide order dated 11.9.2013. During the course of the judgment, the Division Bench took the following view with respect to the caste certificate issued to a person, on the basis of the caste certificate of the father: