Revisit Rules On Domicile Or Permanent Residency Status Of Candidates Seeking Admissions To Educational Institutions: High Court To Delhi Govt

The Delhi High Court has asked the Delhi Government to revisit the existing rules or consider drafting new rules on the eligibility criteria of candidates seeking admissions to educational institutions in respect of their domicile or permanent residency status.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the said rules should determine the criteria for designating someone as a domicile or permanent for admissions and also for granting suitable relaxation to genuine residents of Delhi “who are rendered ineligible due to fortuitous circumstances.”

The court observed such revision or new rules should reflect the “realities and complexities of life” which often force students to leave their resident state on account of fortuitous circumstances.

The court made the observations while upholding the “Delhi Quota to MBBS/ BDS Courses” or “Delhi Region Candidate” admission rules of the Delhi University and Guru Gobind Singh Indraprastha University respectively.

The Rules confer 85% admission seats to candidates who have completed their 11th and or 12th standard education in Delhi, irrespective of their birthplace or permanent residency in the national capital. 15% of the seats are open for competition on an all-India basis.

The challenge to the said Rules was preferred by a NEET-2023 aspirant, who despite being a permanent resident of Delhi, was denied admission in the category of “Delhi Quota” or “Delhi Region Candidate” in both varsities, as he had to shift to Kolkata in 2019 due to his father’s transfer and resultantly, completed his 9th to 12th standard education there.

While disposing of the plea, the bench said that the impugned rules have the potential of excluding bona fide students who may have a legitimate claim as residents of Delhi.

“The impugned rules prejudice students who are otherwise deeply rooted within Delhi but are penalized for circumstances beyond their control which prevented them from completing their schooling in Delhi, such as their parents’ employment. To this end, we acknowledge that there may be room for legislative refinement. Government of NCT of Delhi must revisit the existing rules or consider drafting new rules on the eligibility criteria in admissions to educational institutions in respect of domicile/ permanent residency status,” the court said.

However, it added that the aspirant’s right to compete for 15% of the seats open to candidates from across India remained unimpaired and therefore, it would be incorrect to assert that his opportunity for admission was entirely foreclosed.

While asking the Delhi Government to consider drafting new Rules on the issue, the bench clarified that the exercise is entirely the prerogative of the State and that kr would be their discretion to frame guidelines that best serves the interest of Delhi residents.

“The State Government is encouraged to take appropriate action in line with the facts leading to this judgment,” the court said.

It added: “We have also been apprised that deliberations on this matter are currently underway. The Delhi Legislative Assembly is actively considering a proposal to amend the eligibility criteria for a “Delhi Candidate” in the DPCI Act, with the aim of incorporating the criteria of being a resident of Delhi. In March, 2022, the Speaker of the Delhi Legislative Assembly referred the issue to the Education Committee, Delhi Vidhan Sabha. We hope that the Committee and the Government will take suitable action at the earliest.”

Case Title: UJJWAL SHORI (THROUGH HIS NATURAL GUARDIAN) v. UNIVERSITY OF DELHI & ORS.

Citation: 2023 LiveLaw (Del) 885

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