New Delhi: The Delhi High Court on Tuesday ruled that the reservation policy will be applicable to all Central Government-run universities in the capital regardless of caste-specific quotas at various institutions.
However, in case of the Delhi government-run institutions, such benefits cannot be extended to students whose castes do not figure in a list notified for the capital.
The court held that only those Scheduled Castes (SC) or Scheduled Tribes (ST) students can avail of the benefits of reservation in the educational institutions run by the Delhi government whose tribe or caste figures in the notified list.
Such students from any part of the country can avail of the benefits of reservation in the central government-run educational institutions like Delhi University (DU) and All India Institute of Medical Sciences (AIIMS).
“For admissions to institutions managed and completely controlled by the Delhi government, reservation can be enjoyed by only those caste groupings enlisted in the Scheduled Castes (Union Territories) order, as regards Delhi and subject to the conditions spelt out there," said Justice S Ravindra Bhat in a judgement.
“In the case of the Central Government institutions like DU and AIIMS, however, the entire funding and control is through such government (that) members of SCs and STs, fitting the description, from any part of the country would be entitled to such reservation benefits provided they fulfil the criteria prescribed in relation to the concerned state,” the court observed.
The court order came on a petition filed by Kavita Khorwal, an SC student, challenging the DU's decision rejecting her application for an entrance examination for LLB in the SC category in June 2004. She was later granted interim relief by the court to appear in the exam.
She said the DU had rejected her application on the ground that only SC candidates whose caste is notified in Delhi could be considered for admission in the SC category rank listed in the LLB entrance examination.
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