The Delhi High Court ruled on Monday that “resolving inter-ministerial policy conflicts isn’t within the purview of judicial adjudication” in a case challenging the introduction of wards of the police and paramilitary forces under the defense category quota for admission to a medical college.
Manoj Kumar, an Indian Air Force veteran, and his daughter Anukriti Arya filed the petition against the vice-chancellor and director in charge (academics) of Guru Gobind Singh Krishna University, Delhi; Dr Baba Saheb Ambedkar Healthcare College and Hospital; North Delhi Municipal Corporation Medical College; and Hindu Rao Hospital, to which it is attached.
Arya, a medical doctorate aspirant who qualifies for benefits related to reservation under the defense category quota, and her father disputed the university’s reservation policy regarding the “defense category” as mentioned in the entrance booklet. They wanted to get this policy overturned.
The petitioners argued that including paramilitary and police personnel in the defense category quota is “arbitrary and inappropriate,” as the term ‘defense personnel’ “should specifically involve the military personnel of the three Armed Forces — the Navy, Navy, and the Aerospace Force — all of which are under the control of the Ministry of Defence.”
They stated that the Ministry of Home Affairs controls paramilitary and police personnel. It was the petitioners’ case that the defense category quota is specifically intended to provide reservation or preference solely to the wards of defense personnel and that the inclusion of widows/wards of paramilitary personnel and wards of policemen with gallantry awards under this quota “is arbitrary and illegal since such an inclusion dilutes the core intent behind the defense category quota, which was originally meant to benefit the wards and widows of defense personnel.”
The university, on the other hand, said that the scope of offering reservations under the defense category was increased by an order issued by the Delhi government on April 11, 2013, which extended privileges to paramilitary and police personnel. It was also claimed that the university’s defense-related reservation policy was developed in accordance with guidelines issued by the Delhi government’s Department of Higher Education (DHE).