$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010271822026 + W.P.(C) 8589/2026 & CM APPL. 40207/2026 EX SUB NARESH KUMAR JC 491193K .....Petitioner Through: MR. Randhir Singh Kalkal, Advocate versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Shagun Shahi Chugh, Mr. Varun Chugh and Ms. Ayushi Agarwal, Advocates CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 13.08.2026 1. Heard 2. The prayer in the petition is for the issuance of directions to the respondents to grant a Priority II Eligibility Certificate to the petitioner for the admission of his ward in the MBBS course. 3. It is the case of the petitioner that he enrolled in the Army (JAT Regiment) and, while he was posted at Baramullah, he sustained an injury during Operation Rakshak on 20th November, 2022. A Battle Causality certificate was issued to him by the respondents on 3rd October 2024. The petitioner thereafter underwent prolonged medical treatment, and post- operation, he was boarded out from service under Army Rule 13(3)I(ii)(a)(i), placing him in ‘low medical category’ and no alternate shelter appointment being available. The petitioner, accordingly, was granted a War Injury Pension. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:49:08 4. It is the case of the petitioner that his son, Deepanshu Sharma, intends to seek admission to a medical course and accordingly appeared for the NEET examination, and for getting priority, a request for issuance of an ‘Eligibility Certificate’ was made by the petitioner to the District Sainik & Ardh Sainik Welfare Office, Rohtak, which was declined, and as such, this petition. 5. Amongst others, the grounds which are sought to be canvassed are that the petitioner was subjected to examination by an Invalid Medical Board (IMB), which led to his discharge from service. In such an eventuality, the petitioner having been declared under Priority II is entitled to the benefit of the scheme which is meant for wards of personnel, disabled in action and boarded out from service. 6. As against above, learned counsel appearing for the respondents states that though the petitioner suffered a battle casualty and was granted a War Injury Pension, he was placed in a low medical category, and since no shelter appointment was available in the unit, he was discharged under Army Rule 13(3)I(ii)(a)(i). It is, as such, urged that the petitioner has been categorized under Priority IV and not Priority II. 7. Having considered the aforesaid submissions, it is apparent that the petitioner was granted a Battle Casualty Certificate for having sustained a Non-Union Fracture of the Tibia (left) on 20th November, 2022, while carrying out operational duty at Baramullah. 8. Subsequent thereto, the petitioner was granted discharge from service, by issuing Discharge Certificate under Army Rule 13(3)I(ii)(a)(i). 9. The fact remains that for considering the case of the petitioner under Priority II, it is necessary that he must have been discharged pursuant to the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:49:08 certification of an Invalid Medical Board, which is not the case of the petitioner. 10. It appears that though the petitioner orally urged that the respondents be directed to produce the medical record of the petitioner, however, the Discharge Certificate issued to him, in categorical terms, states that he was placed in a ‘low medical category’ and, as no shelter appointment was available, he was discharged. As such, the petitioner, if so aggrieved by such categorization of discharge, could have questioned the said discharge proceedings, which he has not done till date. 11. In that view of the matter, there is no reason to cause interference and to hold that the petitioner is entitled to be considered as discharged from service under the category to claim the benefit qua the grant of a certificate for admission to his ward in the MBBS course. 12. The petitioner, as such, has failed to demonstrate that he satisfies the very essential requirement that he is qualified under Priority II for having entitled to the Eligibility Certificate for seeking admission to a ward of War Injury person, who was medically certified by the Invalid Medical Board (IMB). 13. That being so, there is no substance in the petition and the same lacks merits, stands dismissed accordingly. 14. Pending application also stand disposed of. NITIN WASUDEO SAMBRE, J AMIT SHARMA, J AUGUST 13, 2026/ay/st This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2026 at 11:49:08