The court observed that there is no reservation for admission of children of armed forces personnel who have been disabled due to disability and 70 per cent of the seats reserved for the entitlement category should be filled by JCOs/OR wards. There are also places reserved for wards of servicemen who have died in war and peace.
The Supreme Court opined on this “In the absence of reservations, this Court while exercising its jurisdiction under Article 226 of the Constitution of India cannot direct a specific reservation to the appellant. In the absence of any reservation for departments of personnel of the armed forces who have been disabled by reason of disability, the appellant cannot claim that he is entitled to be called for interview as a matter of right and no order can be issued to the authorities without any right.”
Given the above, the panel rejected the appeal.
Case Title: Arnav Tyagi (Minor) vs. Union of India & Anr.
Bench: Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad
Case No: LPA 499/2022 & CM APPL. 38070/2022
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