ANKIT ROY Vs. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

JUDGEMENT

(1.) THE issue involved in these writ petitions is as to whether a person belonging to a community, which is notified to be a Scheduled Caste in another State, is entitled for admission to I.P. Universi0ty, under the category of Scheduled Castes candidates (a) if the community to which he belongs is not notified as Scheduled Caste for Delhi, and (b) what would be the position if a community by the same name is notified as a Scheduled Caste for Delhi.

(2.) THE petitioners in these writ petitions have been issued caste certificates by the Office of concerned Deputy Commissioner of Delhi, on the strength of the caste certificates issued to their respective fathers, by the State in which their respective community is notified as a Scheduled Caste. The certificates issued to the petitioners, however, do not disclose where the petitioners or their respective parents were permanently residing at the time of issue of Presidential Notification under Article 341 of the Constitution.

(3.) ARTICLE 15(1) of the Constitution provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Clause (4) of the said Article, however, excludes from the aforesaid general provisions, inter alia, any special provision by the State for the advancement of the Scheduled Castes and the Scheduled Tribes. Clause (5) to the extent it is relevant, stipulates that nothing in the said Article shall prevent the State from making any special provision by law, for Scheduled Caste or Scheduled Tribes insofar as such special provisions relates to their admissions to the educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30.