SHIVAM SHRESTHI Vs. DELHI TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) THIS intra -court appeal impugns the order dated 11th September, 2013 of the learned Single Judge of this Court of dismissal of W.P. (C) No. 5069/2013 preferred by the appellant. The said writ petition was filed, pleading: -

(2.) THE respondent University filed a counter affidavit to the writ petition inter alia pleading, (i) that as per the admission policy of the respondent University all admissions are made as per merit rank of the candidates in their respective categories; 85% of the seats are for Delhi candidates and which are further divided into General, Scheduled caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC); likewise the balance 15% seats for outside Delhi category are further divided into General, SC, ST and OBC category; (ii) as far as the Defence quota is concerned, 5% from Delhi quota seats and 5% from outside Delhi quota seats are earmarked for admission under the Defence quota; the candidates eligible for Defence quota are further considered priority -wise; while there were five priorities applicable for the Academic Session 2012 -2013, two more priorities were included with effect from the Academic Session 2013 -2014; (iii) that the appellant/petitioner belongs to the outside Delhi OBC category and falls under the newly incorporated Priority VI of the seven sub -categories of Defence Personnel category; and, (iv) that according to the rank of the appellant/petitioner, the priority under which he falls and the availability of the seat, the petitioner had been offered admission in the stream of Engineering Physics.

(3.) IN compliance thereof an affidavit was filed stating that there was only one seat for outside Delhi OBC candidates in the Defence category in the stream of Mechanical Engineering and the same had been filled by eligible candidate and no seat was vacant as on that date.