Delhi Government notification on army college admission quashed

The Supreme Court has quashed the Delhi government notification dated August 14, 2008, permitting the Army College of Medical Sciences, Delhi Cantt to provide 100 per cent fees exemption to the wards of only army personnel and directed the college to provide admission to the appellant in MBBS courses since they are in the merit list of the Central Entrance Test.

The apex court has ruled that executive cannot pass orders or issue notifications which are counter-productive to the constitutional policy of achieving their goals of setting up of egalitarian society based on the concept of social justice in the field of education.

A bench comprising Justices B Sudershan Reddy and S S Nijjar has declared the Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non Exploitative Fee and Other Measures to Ensure Quality and Excellence) Act 2007 do not suffer from any constitutional infirmities. The validity of the Act and its provisions are accordingly upheld.

Justice Reddy, writing 165 page judgement for the bench copies of which were made available to the media today noted, “The fact that non-minority unaided educational institutions insist on ‘social disadvantages blind’ admission policies is proof that they are not recognising the true purpose of education as an occupation. Hence, state intervention is a categorical imperative, both morally and within our constitutional logic.

In light of the above, we hold that the claimed rights of non minority educational institutions to admit students of their choice, would not only be a minor right, but if that were in fact a right, if exercised in full measures, that would be detrimental to the true nature of education as an occupation, damage the environment in which our students are taught the lessons of life, and imparted knowledge, and further also damage their ability to learn to deal with the diversity of India, and gain access to knowledge of its problems, so that they can appreciate how they can apply their formal knowledge in concrete social realities they will confront.’ UNI