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31 Jan, 2023
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Delhi HC: Determining Factor For 85% Quota is School Certificate, Not Domicile

In Delhi, the government has framed Delhi Technical Education Reservation Policy to administer admissions into the state funded institutions. This policy supports 85% of seat reservations in the state-funded technical institutions in Delhi. 

So, why is the Act is in Delhi news? Let’s take a look at it! 

Although the policy seems good for Delhites, it has some provisions which makes it disputed which in turn persuaded the Delhi High Court to intervene in this matter.

While hearing a petition, the Delhi High Court clarified the definition of Delhi students who could avail the benefit 85% reservation in state government-run technical education institutes. 

As the Delhi government’s policy mandates 85% reservation for Delhi students, the question came before the court about the definition of Delhi students. In its order, the judicial body clarified who can get benefited from the Act. 

What Is The Delhi Admissions Reservation Act?

In Delhi, the admission process in the government-run technical education institutes is governed by 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.

As per Section 12(1) (b) of the Act, except for management seats, 85% of the total seats are to be reserved for Delhi students, and the remaining 15% seats are to be allotted to candidates belonging to other states. 

The term Delhi students is defined in section 3(g) of the Act. Accordingly, a candidate who has appeared or passed the qualifying examination from a recognized school or institution in Delhi will be considered a Delhi student.

Why Was This Act Challenged In Delhi High Court?

Recently,a Delhi resident filed a petition before the High Court citing his ineligibility to get admission into a college as per Delhi Technical Education Reservation Policy. Notably, the student has recently passed his class 12 examination from a school located in Gurugram.

In his petition, the student argued that the NCR region is an unique example of inter-state regional planning and development model that covers districts in Delhi, Haryana, UP, and Rajasthan. Due to this model, it is a common practice in NCR that residents work or attend schools in Gurugram.

In the plea, it was contended that while the provision of the 2007 Act disqualifies a candidate because of his educational qualification from other states, it allows candidates from other states securing their certificate from Delhi-based schools. 

So, what will define a candidate as a Delhi student- his domicile or his school certificate?

High Court’s Ruling

After analysing facts from both sides, the court rejected the plea of the student. In its ruling, Justice Sanjeev Narula cited: “The determining factor in availing the benefit is the geographic location of the school providing the qualifying certificate, as opposed to the student’s domicile,”

Institutions Covered Under The Delhi Government’s Act

The educational institutions that offer diploma-level technical education and have affiliation with the Board of Technical Education are covered under the Act. All institutions imparting technical education in engineering and technology, pharmacy, paramedical studies, and other non-engineering courses have to adhere to the guidelines in the Delhi Government’s Act.

Some prominent institutions in this category include BR Ambedkar University Delhi, IP University, Delhi Skill and Entrepreneurship University, and Delhi Technological University. 

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