Delhi college students passing class 12 from NCR cannot avail reservation in school: HC

The Delhi High Court stated {that a} Delhi pupil who handed his class 12 examination from an NCR faculty can not avail good thing about reservation accessible to a “Delhi candidate” in admissions in a college of the national capital. Justice Sanjeev Narula said that the language of the relevant provision of 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 is “clear and unambiguous” and time period “Delhi candidate” means a candidate who has appeared for or passed the qualifying examination from a recognised school or institution which is in Delhi, news agency PTI reported.

Notably, the court passed the order on a petition by a student who completed class 12 education from a school in Gurugram while being a resident in Delhi and now sought benefit of reservation for college admission here. The petitioner said that till class 5, he studied in the Delhi “department” of the college and the Act ought not disqualify college students who’re residents of Delhi and have handed the qualifying examination i.e. class 12 examination from a college positioned outdoors of town however inside NCR, from availing the advantage of reservation accessible for the locals.

Dismissing the petition, the court docket stated the figuring out issue to avail the profit is the geographic location of the college offering the cross certificates of the qualifying examination, versus the domicile of the coed. The court docket famous that the college in Gurugram was “not only a department” of the petitioner’s earlier school in Delhi but a separate school recognised by the government of Haryana and fell under the ambit of the Haryana education department, the report said.

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“The determining factor to avail the benefit is the geographic location of the school providing the pass certificate of the qualifying examination, as opposed to the domicile of the student. 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’,” stated the court docket in an order launched on Wednesday. 

(With inputs from PTI)

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