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Delhi HC issues Notice to Government on Plea challenging provisions of Delhi Technical Institutions Act

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RESERVED reservation law insider

Khushi Doshi

Published On: February 03, 2022 at 15:42 IST

A Notice was issued by Delhi High Court to the Government of NCT of Delhi and others in response to a Petition filed by a father and son (both residents of Delhi) challenging the provisions of the The Delhi Diploma Level Technical Education Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-exploitative Fee, and Other Measures to Ensure Equity and Excellence) Act, 2007.

The Act reserves 85 percent of the seats for Delhi candidates, who have completed plus two (XII) from a Delhi based institution. Since many Delhi students are compelled to attend schools in the NCR, such as Gurgaon and Noida, the Petitioner requested domicile to be considered, while urging that they should not be denied a Quota in Delhi.

According to the Petition, the son despite being a resident of Delhi had to pursue his education from The Shri Ram School located in DLF Phase III, Gurugram since a branch of the same school in Vasant Vihar, where the Petitioner’s son studied before, did not provide education beyond 5th standard.

The Petitioner, while challenging the provisions of said Act, stated that his son is ineligible to avail the benefit of 85 percent Reservation, which is reserved for Delhi students in Delhi Government Higher Education Institutions, even though he is a permanent resident of Delhi.

Senior Advocate Sanjoy Ghose, representative of Petitioners, argued that Article 14 of the Indian Constitution establishes Equality for all people.

Article 14 of the Indian Constitution is interpreted to include the two tests of manifest Arbitrariness and Reasonableness. They are (a) classification must be found on intelligible differentia, and (b) the differentia must have a rational relationship to the object sought by the Act.

The exclusion of Petitioner No. 2 (son) as a “Delhi Candidate” under the 2007 Act is inequitable, given that he is a resident of Delhi for all purposes and is qualified for the issuance of a Domicile Certificate as a resident of Delhi. Despite the fact that eighty five percent (85%) of the total seats, a substantial Reservation, are reserved for ‘Delhi Candidates’ under the 2007 Act, the Plea read.