ANKIT ROY Vs. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

JUDGEMENT

(1.) THE present appeal has been filed challenging the common judgment delivered by a learned Single Judge of this court on 07.08.2013 in W.P.(C) 4748/2013 and other connected writ petitions. The appellant had filed the writ petition being W.P.(C) 4748/2013, inter-alia, challenging the action of the respondent university in not considering the appellant as a candidate belonging to a Scheduled Caste for the purposes of admission to the B.Tech Programme for the academic session 2013-14 against seats reserved for Delhi. The learned Single Judge has disposed of the writ petition (along with the other matters raising similar issues) by holding that candidates who did not belong to the communities which were included in the list of Scheduled Castes in relation to Delhi in the Presidential order issued under Article 341(1) of the Constitution of India, would not be entitled for admission to the respondent university against the seats reserved for candidates belonging to the Scheduled Castes from Delhi. Only those candidates who belong to communities included in the schedule to the Presidential order in relation to Delhi would be entitled to be considered for admission against the Delhi reserved category seats provided they are residents of Delhi.

(2.) THE appellant belongs to Rajbanshi Caste which is included in the list of Scheduled Castes in relation to the State of West Bengal but is not included in the list of Scheduled Castes in relation to Delhi as per the Presidential order and, thus, the learned Single Judge has upheld the decision of the respondent university in not considering the appellant for admission to the colleges affiliated to the respondent university against the seats reserved for SC category for Delhi.

(3.) THE appellant was born in Delhi on 31.05.1995. The parents of the appellant had, a few years prior to his birth, migrated from West Bengal to Delhi. The appellant is stated to belong to Rajbanshi Caste which is a specified Scheduled Caste in relation to the State of West Bengal as per Part XIX of the Constitution (Scheduled Caste) Order, 1950, as amended from time to time. However, Rajbanshi is not specified as a Scheduled Caste in relation to Delhi as per the Constitution (Scheduled Castes) (Union Territories) Order, 1951 issued under Article 341(1) of the Constitution of India, as amended from time to time.