Delhi High Court allows Allocation of Medical Seat to ICCW Bravery Award Winner, Order not to be used as Precedent

The Delhi High Court has issued direction to the Union of India to allocate a supernumerary medical seat to an Indian Council for Child Welfare (ICCW) Bravery Award winner for the MBBS course, 2019, which under the reservation scheme was reserved for the National Bravery Awardees.

The seat was reserved in the NSCB Medical College, Jabalpur, Madhya Pradesh, in terms of Government of India, Ministry of Health and Family Welfare, Office Memorandum (OM) dated 16th August, 2019.
Division judge bench of Justice Asha Menon and Rajiv Sahai Endlaw was hearing an appeal by the Union against a Single Judge bench order the same Court directing the allocation of the seat to the awardee.
The government said to the court that though it had reserved an extra seat apart from the 2 originally reserved, in compliance with the Single Judge bench’s order, it was opposing the allocation because while the awardee was the winner of the National Bravery Award instituted by the ICCW, a Non-Governmental Organisation, but with which the Union had disassociated as far back as in the year 2018.
However, noting that in as much there is no possibility of any other candidate being entitled thereto or being admitted therefor; the court directed the Union to allocate the seat to the ICCW awardee.
It further ordered that “the order/judgment of the Single Judge impugned in this appeal shall not constitute a precedent for any other candidate or for any subsequent year and/or in any other litigation, even before the Single Judges of this Court and will not constitute a precedent otherwise also.”

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