The Delhi High Court has dismissed a petition challenging the decision to give higher priority to the wards of ex-servicemen than the wards of serving personnel under the Army quota of 5% for admission to various colleges. The bench comprising Justices Neena Bansal Krishna and Suresh Kumar Kait, upheld the government order of May 21, 2018, which assigned Priority VI to Wards of Ex-Servicemen and Priority VIII to Wards of Serving Personnel.
The petitioner, the husband of a Lieutenant Colonel in the Indian Army, argued that there was no intelligible differentia justifying the placement of serving personnel’s wards in a category below the wards of ex-servicemen. However, the court ruled that the government order did not exhibit any arbitrariness or malice, and there was no ground to interfere with its provisions or reshuffle the priority categories.
The court emphasized that the categorization of wards was a policy decision taken by the Ministry of Defence to ensure the proper utilization of reservation benefits. It noted that the purpose of the priority list was primarily to provide reservations to the widows and wards of defense personnel who have been disabled or killed in military service.
The petitioner’s contention was that the placement of ex-servicemen’s wards in Priority VI resulted in them taking away the reserved categories, leaving very few seats for the wards of serving personnel, despite the latter achieving better rankings. However, the court found no merit in this argument, stating that the benefit of reservations was intended for widows and wards of defense personnel who faced unique circumstances due to their service.
The court also addressed the petitioner’s question regarding the placement of wards and wives of ex-servicemen and serving personnel who had received Gallantry Awards in the same category, while placing the wards of serving personnel in the second-last category. The court noted that the government’s decision to include the category of serving personnel’s wards in Priority VIII was aimed at ensuring the full utilization of the 5% reservation benefit without any vacancies going unutilized.
In conclusion, the court upheld the government order and dismissed the petition, stating that the categorization of wards under the Army quota for college admissions was a well-considered policy decision that aimed to provide equitable opportunities to all eligible candidates.
