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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Recently, the Delhi HC ruled that in the absence of any reservation for personnel sections of the armed forces, a person cannot claim to be entitled to be called for an interview as a matter of right.
The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad deals with the appellant challenging the decision rendered by a single judge.
In this case, the appellant is the son of an ex-serviceman who served in the Indian Navy and was disabled from service due to physical disabilities.
The appellant appeared for the examination of Army Public School, Dhaula Kuan, New Delhi. He qualified the exam but was not called for an interview.
Despite sending statements to the respondents, the applicant did not receive a response.
The question before the panel was:
Whether the order of the Single Judge is lawful or not?
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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
Get instant legal updates on mobile – Download the Law Trend APP now
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