The Delhi High Court has ruled that a Delhi student who earned his class 12 diploma from an NCR institution is ineligible for the reservation offered to a “Delhi candidate” when applying for admission to a college in the national capital. The relevant section of the Delhi Diploma Level Technical Education Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitive Fee and Other Measures to Ensure Equity and Excellence) Act, according to Justice Sanjeev Narula, is “clear and unambiguous” in its language. A “Delhi candidate” is defined as a candidate who has taken or passed the qualifying examination from a recognised school or institution that is located in Delhi.
The court’s decision was based on a petition filed by a student who, although residing here, completed his or her class 12 education at a school in Gurugram and now wants to take advantage of the local college admissions reserve programme. According to the petitioner, who attended the school’s “branch” in Delhi until class 5, the Act shouldn’t bar students who are Delhi residents and have passed the required class 12 examination from a school outside of the city but within the NCR from benefiting from the reservation system in place for residents.
In dismissing the petition, the court stated that rather than the student’s residence, the location of the school giving the pass certificate of the qualifying examination is the decisive element to be eligible for the benefit. The court remarked that the school in Gurugram was “not just a branch” of the petitioner’s prior institution in Delhi but rather a distinct institution recognised by the Haryana government that was subject to the jurisdiction of the Haryana education department. “Rather than the student’s residence, the location of the institution issuing the pass certificate of the qualifying examination serves as the deciding element for eligibility.
Although the term ‘Delhi student’ which appears in Section 12(1)(b) of the 2007 Act is not specifically defined or equated to the term ‘Delhi candidate’; however, the reference to ‘Delhi student’, in the said provision, in the context of the instant statute, can have only one meaning, i.e. ‘Delhi candidate’,” said the court in an order released on Wednesday.
“Section 3(g) of the 2007 Act’s text is precise and plain. A candidate who has taken or passed the qualifying test from a reputable school or institution located in Delhi is referred to as a “Delhi candidate.” In the current instance, Petitioner No. 2 (student) passed his qualifying examination (i.e., class 12 examinations) at TSRS Gurugram and would not be eligible as a “Delhi candidate,” so he or she cannot take advantage of the benefit under Section 12(1)(b) of the 2007 Act, the court added. The court further said that once the petitioner gave up the challenge to the legality of the provisions of the Act, its validity has to be presumed and there can then be no scope to read down the provision or restrict its applicability in order to extend the benefit of reservations as a matter of interpretation of the statute.
