COMMISSIONER FOR FINANCE EXAMINATIONS Vs. VIDHYADHARAN K

JUDGEMENT

(1.) This appeal is against the judgment in O.P.No. 24015 of 2002. The appellants are respondents to 3 in the Original Petition and the respondent is the petitioner in the Original Petition.

(2.) The respondent was an applicant for the Entrance Examination, 2002 for admission to various Professional Courses. In the application the respondent claimed special reservation under Ex-servicemen quota. He did not claim special reservation under any other quota. While publishing the results the respondent was included in Ex-servicemen quota. However during the counselling the respondent requested that he may be considered in the quota for Dependant of Defence Personnel, Killed/Missing/Disabled in action. Alleging that the said oral request was not considered by the authorities concerned the respondent filed the Original Petition praying for a declaration that being the son of a disability pensioner in Indian Army he is eligible to claim the quota reserved for Dependent of Defence Personnel, Killed/Missing/Disabled in action in the Entrance Examination conducted by the first respondent for the year 2002. It was also prayed for a direction to the first respondent to consider his claim in the light of Ext.P2 certificate and permit him to claim the quota reserved for Dependant of Defence Personnel, Killed/Missing/Disabled in action.

(3.) The first respondent in the Original Petition the Commissioner for Entrance Examinations, has filed a counter affidavit opposing the prayers in the original Petition. According to the first respondent in the Original Petition, in as much as the writ petitioner did not claim the special reservation for Dependant of Defence Personnel, Killed/Missing/disabled in action while submitting the application, he was not entitled to be considered under that quota.