Law denies Ghaziabad student quota seat in city colleges

His parents were based in Delhi,but 17-year-old Vished studied in a Ghaziabad school.

Written by Ankit Jain | New Delhi | Published: July 13, 2012 1:54 am

His parents were based in Delhi,but 17-year-old Vished studied in a Ghaziabad school.

School for Vished was ordinary,till he passed his Class XII Board exams this year.

When Vished sought admission in engineering courses in Delhi colleges,he was not considered a domicile candidate since he had studied in a school in Ghaziabad,which is in Uttar Pradesh.

Though his parents were based in Delhi and held Scheduled Caste certificates of the National Capital Territory,the college authorities denied him admission. Vished’s parents are with the Income Tax department in Delhi.

The colleges cited a 2007 legislation,which the Delhi government enacted to define a domicile candidate. The Delhi Professional Colleges or Institutions Act says a person can be called a “Delhi candidate” if he or she has appeared or passed the qualifying examination from a recognised institution “situated” in the city.

The law apparently fails to address a situation where a ward’s parents are based in Delhi,but he or she studies in a school in NCR.

Left with no option,Vished’s parents moved the Delhi High Court,questioning the provision that bars students studying in the NCR from getting the benefits of reservation. The petition sought to get the impugned provision quashed since it “illogically” paved a prohibition.

“The provision of law is certainly irrational. It is a strange case,where a SC candidate is not getting the benefit of quota in his home state because of the Act,which says that he should pass the qualifying exam from Delhi. Outside the state also he cannot get the benefit of reservation,” advocate Ramesh K Mishra,appearing for the student,said.

A bench,headed by Acting Chief Justice A K Sikri,found it “amusing” that a candidate,in such a situation,has “nowhere to go”. “Where does he go now? He cannot get the benefit of reservation in UP since his parents are domiciles of Delhi. And in Delhi,his case is dismissed because his school certificate is from Ghaziabad in UP. It is strange,” Justice Sikri said.

Seeking a response from the Centre and the Delhi government,he said: “What happened to your concept of National Capital Region? We believe it was supposed to facilitate issues and not complicate them.”

The court asked the Delhi government counsel,Zubeda Begum,to look into the legislation.

“This case throws up a situation where several candidates can find themselves… we must examine the law,” the court said.

It also asked the Directorate of Higher Education,Guru Govind Singh Indraprastha University and two Delhi-based engineering colleges to file replies by July 31.

Vished said: “I am nervous about my future. I can only look to the court for justice.”

(Ankit is on an internship with The Indian Express)

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