SINDHU CHANDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The first petitioner in this writ petition is Kumari Sindhu Chandran and the second petitioner is her father Shri N. Chandran. The first petitioner passed Class XII examination conducted by the Central Board of Secondary Education in the year 1997 with 82.8% marks. Being interested in joining the medical profession she obtained prospectus of various medical institutions. She found that some seats for admission to MBBS/BDS course are reserved for children of para-military personnel. Since her father is working as Private Secretary in the Aviation Research Centre (for short ARC) which is one of the four security organisations functioning under the aegis of the Cabinet Secretariat, her father through Annexure P-15 representation dated 18.6.1997 requested the Cabinet Secretariat to supply the requisite application form for consideration of her name for admission to one of the seats in MBBS course reserved for Central Govt. and allocated to the Cabinet Secretariat. However, through Annexure P-16 communication dated 1.7.97 the petitioners were informed that no quota of MBBS/BDS seats had been earmarked for ARC from the central pool. Aggrieved by the refusal of the Cabinet Secretariat to furnish the requisite application form and the refusal of the respondents to earmark any seat in MBBS course for the children of ARC personnel, the petitioners filed this writ petition mainly praying for quashing Annexure P-16 dated 1.7.97 and for a direction to the respondents to consider the name of petitioner No.1 for admission to MBBS course against one of the seats reserved for Central Govt. and allocated to the Cabinet Secretariat.

(2.) According to the averments in the writ petition, petitioner No.2 joined the Central Govt. service in the year 1976 as Stenographer Grade III. He was given his first appointment in the Special Security Bureau (for short SSB). In 1979 he was transferred from SSB to ARC. In 1981 he was promoted as Stenographer Grade II. In 1984 he was transferred from ARC to Directorate of Accounts, Cabinet Secretariat under the sanctioned strength of SSB. In 1993 he was promoted as Private Secretary. At present he is posted as Private Secretary to the Operations Manager in ARC.

(3.) It is stated in the petition that there are four security organisations functioning under the aegis of the Cabinet Secretariat. They are the Research and Analysis Wing (for short R & AW), the Special Security Bureau (for short SSB), the Special Frontier Force (for short SFF) and the Aviation Research Centre (for short ARC). R&AW is headed by the Secretary (R) and the other three security organisations are headed by the Director General (Security) [for short DG(S)]. It is also stated that the post to which the second petitioner was initially appointed and the post which he is presently holding are comprised in DG(S) Secretarial Service and that the postings of the personnel belonging to DG(S) Secretarial service are common to all the three organisations.