HRIDAYA BHUSHAN Vs. NETAJI SUBHASH INSTITUTE OF TECHNOLOGY

JUDGEMENT

(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:

(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.