Delhi High Court Allows Allocation Of Medical Seat To National Bravery Award Winner, Order Not To Be Used As Precedent

The Delhi High Court has issued direction to the Union of India to allocate a supernumerary medical seat to a Bravery Award winner for the MBBS course, 2019, which under the reservation scheme was reserved for the National Bravery Awardees.Division judge bench of Justice Asha Menon and Rajiv Sahai Endlaw was hearing an appeal by the Union against a Single Judge bench order the same Court directing the allocation of the seat to the awardee.The respondent was denied the seat out of 2 quota seats reserved for National Bravery Awardees in academic year 2019-20 and the single bench directed a special seat to be created for the Bravery Awardee.The government said to the court that though it had reserved an extra seat apart from the 2 originally reserved, in compliance with the Single Judge bench's order, it was opposing the allocation because while the awardee was the winner of the National Bravery Award but with which the Union had disassociated as far back as in the year 2018. The government stated before the Court that, "Pursuant to revamping of the Scheme of the National Child Award of Exceptional Achievements, renamed as the Pradhan Mantri Rashtriya Bal Puraskar, and after the UOI had so disassociated, the said seats were meant for the awardees of the Pradhan Mantri Rashtriya Bal Puraskar only."This contention was rejected by the Single Judge bench but the Division bench said that, even though it hasn't gone into the questions raised by the Union of India, it finds merits in their contention, subject to hearing the respondent.However, noting that inasmuch as there is no possibility of any other candidate being entitled thereto or being admitted therefor; the court directed the Union to allocate the seat to the awardee.It further ordered that "the order/judgment of the Single Judge impugned in this appeal shall not constitute a precedent for any other candidate or for any subsequent year and/or in any other litigation, even before the Single Judges of this Court and will not constitute a precedent otherwise also."Click Here To Download Order[Read Order]

Delhi High Court Allows Allocation Of Medical Seat To National Bravery Award Winner, Order Not To Be Used As Precedent

Shreya Agarwal

Tags