The Supreme Court on Thursday ruled that non-minority educational institutions have no right to admit students of their choice and struck down 100% reservation for children of armed forces in the Army College of Medical Sciences (ACMS 2011) in Delhi Cantonment.
A Bench comprising Justices B Sudershan Reddy and S S Nijjar said if the non-minority educational institutions were given such a right it “would be detrimental to the true nature of education as an occupation, damage environment in which our students are taught the lessons of life, and imparted knowledge.”
It allowed petitions filed by the Indian Medical Association and students, who through counsel Dr Aman Hingorani, challenged the Delhi government approved admission process of ACMS which admitted only wards of serving and former Army personnel who have taken common entrance test for NCT Delhi.
ACMS 2011 is a private institution started in 2008 and managed by the Army Welfare Education Society, which was allotted 25 acres of land by ministry of defence. Though a private institute, ACMS 2011 was allowed to use facilities of the Army Hospital at Delhi for clinical training of students.
Justice Reddy, writing the 165-page judgment for the Bench, said, “Denial of access to higher education to socially and educationally backward classes, scheduled castes and scheduled tribes, would potentially be dangerous to the ship of our nation.”
“Education is one of the principal human activities to establish a humanized order in our country. Its ontological specification is simple: every individual, in every group, is worthy of being educated.”
Keeping this constitutional philosophy in mind, the bench said: “The August 14, 2008, notification of the Delhi government permitting ACMS to allocate 100% seats in the said college towards Army personnel in accordance with the policy followed by the Indian Army is unconstitutional. The same is accordingly set aside.”
The court directed ACMS to admit petitioner students into first year of MBBS course.
Source: The Times of India
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