http://www.indlawnews.com/Newsdisplay.aspx?53e8ca39-ae22-435a-bdd3-3d24ae13da4b
Delhi HC: SC's/ST's regd in other states be admitted in central govt inst 11/5/2008 The Delhi High Court directed the Delhi University to give admission to a Scheduled Caste student, who is a registered SC in her own state, but is not enlisted in Delhi's list of registered SC/STs in the LLB course, as the Delhi University is funded by the Central Government. The Court ruled that members of the castes and tribes, who are not enlisted in Delhi's list of SC/ST could claim admissions in the Central Government Institutions, like the Delhi University, All India Institute of Medical Sciences(AIIMS) and other such institutions, as these are set up by Parliamentary enactments and funded by the Central Government and not by the state. Justice Ravinder Bhat clarified the reservation policy being adopted by the Institutions and ruled, 'It is held that in relation to the Union Territory of Delhi, for admissions to institutions managed and completely controlled by the Government of the National Capital Territory (NCT) of Delhi, reservations under Article 15(4) can be enjoyed only by those caste groupings enlisted in the SC(UT) order, 1951, of the state of Delhi, subject to the conditions spelt out there.' The Court held that members of the castes and tribes, who did not fulfil that description would not be entitled to such benefits, but in case of the Central Government Institutions like Delhi University and AIIMS, among others, since the entire funding and control is through the Central Government, members of the SC and ST groups, fitting the description from any part of the country would be entitled to such reservation policy, provided they fulfil the criteria prescribed in the state concerned. Petitioner Kavita Khorwal, through her lawyer Rakesh Dhingra appealed in the Delhi High Court, seeking its intervention in her admission to the LLB course in Delhi University. She contended that the policy of the Delhi University in providing reservations to the candidates of castes not included in the state of Delhi, is unconstitutional and violative of the Fundamental Right to Equality, as enshrined in Article 14 and 15, and dilutes the reservation policy. Mr Dhingra contended, 'A constitutionally mandated policy, endorsed by Parliament and followed by the Government of India cannot be modified to suit the fancies of the University.' Justice Bhat held, 'Courts in India have often traversed questions relating to the principle of equality and affirmative action.' Remembering Dr Ambedkar's saying that 'pervasiveness of untouchability, which has disfigured our social fabric and undermines, indeed mocks at the principle of equality and social justice, enshrined in our Constitution,' the Court held that destroying such pernicious practices, so deeply embedded is a goal to be pursed with tireless commitment and purpose. The reservation has been designed to designate a caste grouping in a state or a region to empower them, shed tags and translate the promise of equality into a reality for them. UNI
