KRITI BHAKUNI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court is a ward of a defence ex serviceman. The petitioner qualified NEET UG, 2013 for MBBS course and secured rank number 1122. The petitioner applied to Delhi University for admission at its Patel Chest and when he went to Rajya Sainik Board to obtain a certificate certifying that he belongs to a category "Children, Widows and Wives of Armed and Para Military Personnel (CWWAPP category) persons, he was denied that same on the ground that he does not fall in any of the priorities of defence personnel notified for admission to the MBBS course of Delhi University.

(2.) ADMITTEDLY , there is a reservation of 5% in Delhi University for the children, widow and wives of armed and para military personnel known as CWWAPP category. It appears that in terms of reservation policy of the Central Government, the following are the sub categories of the above referred categories:

(3.) THE learned counsel for the petitioner, however, submits that since father of the petitioner had suffered a bullet injury, he is covered under category 4. The said category consists of candidates who are sons/ daughters/ wives of armed forces personnel including para military personnel, disabled in peace and the disability is attributable to military/ para military service. A perusal of the certificate issued to the mother of the petitioner would show that the father of the petitioner died on account of bullet injury on 12.4.1997 but the said injury was not attributable to the military service. It is only death/ disability attributable to military service, which entitles the wards of the defence personnel person concerned to the benefit of reservation prescribed for the wards of defence personnel. Since the father of the petitioner died on account of injury which was not attributable to military services, the petitioner can have no benefit of the aforesaid benefit made available to the wards of defence personnel.