Delhi University’s Reservation Policy for CW Category: Court Upholds Inclusion of Para-Military and Police Personnel.
11 November 2024
Education >> Miscellaneous
In a recent ruling of Anukriti Arya v/s University Of Delhi (Through Vice Chancellor & Others, the Delhi High Court dismissed a petition challenging the inclusion of wards and widows of Para-Military and Police Personnel in the Children/Widows of Armed Forces (CW) category under the University of Delhi’s admission policy. The case brought to light the complexity of reservation policies and inter-ministerial communications between the Ministry of Defence and Ministry of Home Affairs.
Background of the Case:
The petitioner, Ms. Anukriti Arya, daughter of an Ex-Serviceman, had sought admission to the MBBS course at Delhi University. In line with her status as the daughter of an Ex-Serviceman, Arya was entitled to benefit from the CW category, a reserved category under the 85% Delhi quota for medical college admissions. However, she challenged the reservation policy after noticing the inclusion of wards and widows of Para-Military and Police Personnel under the CW category, particularly those in receipt of Gallantry Awards.
The petitioner argued that this inclusion was arbitrary, as the CW category should specifically apply to the children and widows of Armed Forces personnel. She claimed that the inclusion of Para-Military and Police personnel diluted the original intent of the policy, which was meant exclusively for military personnel under the Ministry of Defence.
University’s Defense:
The University of Delhi, in its defense, argued that the inclusion of wards of Para-Military and Police Personnel had been consistent since 2009, based on clear communications from the Ministry of Home Affairs. The University provided evidence of several letters exchanged between them and the Ministry of Home Affairs, which authorized the inclusion of these personnel under the CW category. The University also pointed out that the reservation policy had been applied uniformly across all courses and colleges affiliated with the University, not just for the MBBS program.
The University contended that the petitioner was aware of these reservation conditions when she applied for the NEET examination and could not now challenge them at such a late stage, particularly after several rounds of counseling had already taken place.
Court’s Findings:
The Court carefully examined the petitioner’s grievance and the reservation policy in place at the University. It noted that while the Ministry of Defence primarily governs the reservation for Armed Forces personnel, the inclusion of Para-Military and Police Personnel under the CW category was based on directives from the Ministry of Home Affairs. The Court found that the University’s actions were in accordance with these inter-ministerial instructions and not an arbitrary expansion of the policy.
Furthermore, the Court emphasized that the University had followed this reservation policy consistently for years and that the petitioner had not directly challenged any specific communication from the Ministry of Home Affairs. The Court also noted that policy decisions related to reservations are typically outside the purview of judicial review unless there is clear evidence of arbitrariness or illegality.
Conclusion:
The Delhi High Court concluded that the University of Delhi had followed the reservation policy as directed by both the Ministry of Defence and the Ministry of Home Affairs. It dismissed the petitioner’s challenge, affirming that the inclusion of Para-Military and Police Personnel under the CW category was in line with the directions received from the concerned Ministries.
In a broader context, the Court reiterated that policy decisions, particularly those concerning reservations, lie within the domain of the Executive, and judicial interference is warranted only in cases where policies are manifestly unreasonable or illegal.
Thus, the petition was dismissed, and the reservation policy followed by Delhi University remained intact. The case underscores the importance of adhering to official guidelines and highlights the complexity of inter-departmental communication in shaping educational policies.