The Delhi High Court issued this order on the petition of a student who, being a resident of Delhi, passed class 12th from a school in Gurugram.
Any student from Delhi who has cleared class 12th examination from a school in NCR can avail of the reservation available for ‘candidates of Delhi’ in college admissions in the national capital. Delhi High Court has said this. In fact, these things were done on behalf of the Delhi High Court on the petition of a student who passed class 12th from a school in Gurugram. Justice Sanjeev Narula said that the Delhi Diploma Level Institute of Technical Education (Prohibition of capitation fees, regulation of admission, fixation of non-exploitative fees, other measures for equality and excellence) law is clear.
Justice Narula further said that Delhi candidate means a candidate who has taken or has passed the examination in any recognized school or institution situated in Delhi. The court passed the order on a plea by a student who, being a resident of Delhi, passed class 12 from a school in Gurugram, has now sought reservation for admission in the college here. The petitioner says that till class 5 he studied in a branch of the school in Delhi. He said that those students who are residents of Delhi should not be disqualified under this Act.
What did the High Court say?
The petitioner said that those students should not be stopped from availing the benefit of reservation just because they have passed 12th from a school located outside Delhi but within NCR. Dismissing the petition, the court said that the necessary factor for availing the benefit of reservation is the location of the school which is providing the pass certificate and not the residence certificate of the student. The High Court said that the school located in Gurugram of the petitioner is not a branch of the school located in Delhi, but a separate school recognized by the Haryana Government and comes under the purview of Haryana Education Department.
The High Court said that the factor to get the benefit of reservation is the location of the school giving the pass certificate, as opposed to the residence of the student. However, the term ‘Delhi student’, which falls under section 12(1)(b) of the 2007 Act, is not specifically defined or the same as the term ‘Delhi candidate’. However, the reference to ‘Delhi student’ in the said provision can have only one meaning, which is ‘Delhi candidate’.
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