NCR schooler can’t avail quota for Delhiites: HC

NEW DELHI: A student who cleared the Class 12 examination from an

NCR

school cannot avail the benefit of reservation for a “Delhi candidate” in college admissions in the city, the Delhi high court has said.

The HC said the determining factor to avail the benefit is the geographic location of the school providing the pass certificate of the qualifying examination and not the domicile of the student. The ruling came on a petition filed by a student who did Class 12 from a school in Gurgaon but lives in Delhi.

Justice

Sanjeev Narula

noted that the language of the relevant provision 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 is “clear and unambiguous” and the term “Delhi candidate” only means a candidate who has appeared for or passed the qualifying examination from a recognised school or institution in Delhi.

The ruling came after a petition was filed by a student who finished Class XII from a school in Gurgaon but lives in Delhi. He had sought the benefit of reservation for college admission in the capital.

Till Class V, he studied in the Delhi “branch” of the school, he said, adding the Act should not disqualify students who are residents of Delhi and have passed the qualifying examination from a school located outside of the city but within NCR, from availing the benefit of reservation.

The HC, however, pointed out that the school in Gurgaon was “not just a branch” of the school in Delhi but a separate school recognised by the government of Haryana and fell under the ambit of the Haryana education department.

“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 – Delhi candidate,” the court observed.

It underlined that the language of Section 3(g) of the 2007 Act is clear and unambiguous. “The term ‘Delhi candidate’ means a candidate who has appeared for or passed the qualifying examination from a recognised school or institution which is situated in Delhi.”

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