SANDEEP SHEORAN Vs. VICE CHANCELLOR DELHI UNIVERSITY

JUDGEMENT

(1.) THE petitioner applied for seeking admission to the Bachelor of engineering (B. E.) Course in Delhi College of Engineering, which is affiliated to the University of Delhi. The petitioner qualified in the Joint Entrance examination 2008 conducted by the Delhi University. He had made his application as a ward of a defence personnel disabled in action. This category enjoyed reservation to the extent of 5% of the total seats. Within the said reserved category, four different priorities were stated, which are as follows: -

(2.) THE submission of the petitioner is that the father of the petitioner was an army personnel who had been invalidated out of service on account of disability. His father was also in receipt of disability pension. He was issued a disability certificate dated 02. 06. 1986, by the Assistant CGO, Record officer for the Commanding Officer, from Artillery Records, Nasik Raod Camp. The said certificate certified that the father of the petitioner "ex-Gnr. Name mahtab Singh was invalidated out of service w. e. f. 31 Mar 84 on account of bronchial ASTMA". It further stated that "his disability has been accepted as attributable to/aggravated by military service at 20% w. e. f. 31. 03. 1984 to 22. 01. 1986. "

(3.) THE respondents did not accept the aforesaid disability certificate on the ground that the certificate did not state that the disability was attributable to military service as it also contained the statement that the disability was aggravated by military service. It appears that the respondent obtained an opinion with regard to the disability certificate of the petitioner"s father on 21. 07. 2008. In respect of the said certificate it was opined that:-