Nupur Mantoo vs Union of India and Others

Kailash Gambhir, J.—After some arguments, Counsel appearing for the petitioner seeks to withdraw the present petition. He, however, states that the respondent-University has not granted any reservation to the wards of the Kashmiri migrants in terms of the policy decision taken by the Ministry of Human Resource Development, Government of India vide their letter dated 2.2.2011. Placing reliance on the said policy, Counsel submits that under the said policy various educational institutions situated in other parts of the country are required to provide necessary concession to the wards of the Kashmiri migrants for their admission in various courses during the academic session 2011-12. The contention of Counsel for the petitioner is that the respondent-University has not made any provision for the wards of the Kashmiri migrants in utter violation of the said policy of the central Government. Counsel thus submits that this Court may give direction to the respondent-University to at least make a provision in future to grant reservation to the wards of the Kashmiri migrants in terms of the said policy of the Central Government.

I have heard Counsel for the petitioner, Mr. Sudhir Nandrajog, learned Senior Counsel is representing the respondent No. 2-University and Mr. Ruchir Mishra, Advocate representing the respondent No. 1/UOI.

Since Counsel on instructions from the petitioner is not pressing for admission of the petitioner for the current academic year based on the said policy of the Central Government, therefore, the present petition is dismissed as withdrawn so far as the said relief petition for admission is concerned. However, so far as the prayer of the petitioner that the respondent No. 2 should implement the existing policy of the Central Government directing the various educational institutions to make necessary concession for the wards of the Kashmiri migrants is concerned, this Court is of the view that the respondent No. 2 can take a decision on the said policy of the Central Government to grant relaxation/reservation to the wards of the Kashmiri migrants for their future admissions. Let the respondent No. 2 take a decision on the said policy issued by the Central Government vide their letter dated 2.2.2011 within a period of three months from the date of this order.

With the above directions the present petition is disposed.

Dasti.