ABHINAV SINHMAR Vs. THE CHAIRMAN, JOINT ADMISSION

JUDGEMENT

(1.) By this petition, the petitioner is seeking a prayer of issuance of an admission slip confirming his admission in the B.Tech (Computer Engineering) Course in the Netaji Subhash Institute of Technology, Delhi; he claims priority in GN CW Category in Priority IV of the defence category.

(2.) The averments in the petition disclose that the father of the petitioner had been discharged from Indian Army after having served there for 5 years 11 months and 11 days; he was discharged on 31.12.1993. This was due to a medical disability attributable to military service and a document (Annexure P-2) to this effect has been annexed along with the petition. The corrigendum dated 12.02.2016 (Annexuree P-7) confirmed the fact that the father of the petitioner (Sukhbir Singh) had a disability entitling him to a pension for life.

(3.) Record discloses that the petitioner had qualified the JEE (Main) 2017; he obtained CRL rank of 208646. He applied in the defence category (CW) under priority IV for the B.Tech admission at the respondent University online. The name of the petitioner was included in priority IV; he was called for counseling on 07.7.2017 as also on 12.7.2017. Admisison fee had been deposited by the petitioner on 06.7.2017. His name was included for admission in the priority IV. He was later on informed that his admission had been cancelled as he did not qualify in priority IV as his father had not been boarded out from service. Submission being that the letter of the Competent Authority i.e. the Rajya Sainik Board dated 29.6.2017 and the letter of nodal agency Kendriya Sainik Board dated 30.6.2017 had been ignored. The admission of the petitioner had been cancelled; he not having been considered under priority IV but had been informed that he had qualified for priority VI which disentitled the petitioner for admission. The petitioner had no other option but to file the present writ petition. Submission is that this act on the part of the respondent is illegal. The father of the petitioner having been discharged/boarded out from service only on a medical ground which he had suffered a disability (15% to 19%) the case of the petitioner had to be considered for admission under priority IV; a person discharged from service is nothing but a boarding out from the service. The documents of the petitioner i.e. the letter of Rajya Sainik Board and Kendriya Sainik Board evidencing this factum could not have been tinkered with by the respondent enabling him to cancel his admission which was not within their domain to do so. Relief of admission to the aforenoted B.Tech course has accordingly been prayed for.