A Division Bench of Justice DN Patel and Justice Jyoti Singh today issued notice to the Government of NCT of Delhi and others on a petition challenging the provisions of the Delhi Act, which reserve 85 per cent seats only for candidates from Delhi, who are declared as students. Defined who have done plus two. XII) from an institute in Delhi.
The petitioners want a direction that domicile should also be taken into account as many students of Delhi have to study in NCR schools like Gurgaon and Noida. They cannot be denied Delhi quota.
Petitioner Dr Himadri Das (Father) seeks appropriate direction of the Court to include candidates serving as Director General and Distinguished Professor, International Institute of Management, Delhi who are residents of Delhi and to obtain domicile certificate in Delhi Required documents. To ensure uniformity, fairness and equality and to achieve the objective of the 2007 Act.
According to the petition, the son took admission in Shri Ram School in Delhi’s Vasant Vihar, where students are given education only up to class V. DLF Phase III, Gurugram for pursuing further education from Class VI to Class XII.
Father Petitioner also made a representation to the Respondents challenging the provisions of the said Act highlighting the fact that the family of the petitioner, despite having been in Delhi for generations, the place of birth and permanent residence of the petitioner being Delhi, his son ineligible to take benefits. 85 percent reservation for students of Delhi in higher education institutions of the Government of Delhi on account of having taken their qualifying examination from a reputed school located outside Delhi.
Senior advocate Sanjay Ghosh, appearing for the petitioners, submitted that Article 14 of the Constitution of India lays down the notion of equality between all persons, including non-citizens. Through decades of judgments and well-developed jurisprudence, Article 14 of the Constitution of India has been interpreted to include a double test of apparent arbitrariness and reasonableness. The twin test, as clarified in many cases, is two-way (a) the classification must be found on sensible difference and (b) the difference must have a rational relation to the object to be obtained by the act.
2 (Son) not included as “Candidate of Delhi” under the Act of 2007 is disproportionate, as he is a resident of Delhi for all purposes and for issue of domicile certificate being a resident of Delhi is eligible. , Even though seventy-five per cent (85 per cent) of the total seats, excluding management seats, being adequate reservation, have been allotted to ‘Delhi candidates’ under the 2007 Act, the petition read.
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