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Delhi High Court Issues Notice On Centre's Appeal Against Order Directing Admission To Medical Aspirant On The Basis Bravery Award By ICCW

Shreya Agarwal
3 Dec 2020 10:49 AM GMT
Delhi High Court Issues Notice On Centres Appeal Against Order Directing Admission To Medical Aspirant On The Basis Bravery Award By ICCW
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The Delhi High Court today issued notice in a plea by the Union of India against a Single Judge Bench order of the Delhi High Court which had allowed admission to an aspirant on reserved seats for medical courses basis a Bravery Award by an NGO called Indian Council for Child Welfare (ICCW). Challenging the Single Judge Bench's order, the Government moved the Division Bench of the...

The Delhi High Court today issued notice in a plea by the Union of India against a Single Judge Bench order of the Delhi High Court which had allowed admission to an aspirant on reserved seats for medical courses basis a Bravery Award by an NGO called Indian Council for Child Welfare (ICCW).

Challenging the Single Judge Bench's order, the Government moved the Division Bench of the same court, stating that the seats were only reserved for recipients of Bravery Awards established by the Government, and not open to awardees of ICCW's National Bravery Award.

The Chief Justice said on a lighter note during the hearing that things don't function in this manner, that "Kabootar maare toh Bravery Award de do," (Give a Bravery Award for hunting a pigeon) and thereafter expect to get the benefits of reservation schemes basis such awards.

The Government also highlighted that investigations were ongoing against the said NGO for financial irregularities and the Government had officially disassociated itself from the NGO in the past.

On the Government's submissions, the bench of Chief Justice DN Patel and Justice Prateek Jalan issued notice to the award recipient and the Chief Justice observed that such bravery awards were a dime a dozen and it cannot be contemplated that the benefits of the said reservation scheme were open to awards given by NGOs.

The Counsel for the Government then clarified that the benefits of the scheme were open to recipients of the Pradhan Mantri Rashtriya Bal Puraskar and such Government instituted awards.

The facts of the case are that ICCW was one of the mother NGOs under the Rajiv Gandhi National Creche Scheme implemented by the Ministry of Women and Child Development and had been facilitating the National Bravery Award since 1957.

In 2015 after a Writ Petition was filed before the Delhi High Court alleging financial impropriety in the functioning of ICCW, and violation of Rules in utilizing Government funds, an enquiry committee was set up and a report was prepared by it, basis which the High Court had noted a "systematic failure in the utilization of funds" and held it would be open to the Ministry to refer the matter for a CBI enquiry. An FIR under Sections 406 and 420 IPC was also registered against ICCW.

Subsequently, the Ministry of Women and Child Development had relying on the High Court's order, issued several letters and Office Memorandums disassociating with the NGO and advising all other Ministries to do the same.

The respondent herein had applied for availing benefits of the central pool quota basis her National Bravery Award by ICCW and the fact of her clearing the NEET exam 2019, whereas the Government has claimed that only recipients of the National Child Award and PM Rashtriya Bal Puraskar were entitled to allocation of seats from the central pool quota.

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