SHIBANAND NEPAL KARAMKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present petition challenges the order dated 20-09-2003, passed by the respondent No. 2. By the said order claim of the petitioner of belonging to defence candidate was rejected on the ground that the father of the petitioner did not have more than one year's service as defence personnel. This order was issued on the basis of Rule 2 (a) of annexure C to the rules for admission to the medical Faculty for the year 2003-04. The said Rule 2 (a) inter alia provides that son/ daughter of the personnel who is member of the Armed Forces of India and has put in at least 5 years's active service and retired from service or became permanent disabled or killed in action shall be entitled to a seat in the category reserved for defence personnel.

(2.) PETITIONER has in the said petition prayed for the following reliefs: (i) issue writ of mandamus or any other appropriate writ, or order against respondents and thereby quash and set aside the impugned letter dated 20-09-2003, issued by respondent No. 2. (ii) declare that the provisions under clause 2 (a) of Annexe C of Rules and brochures for admission to Health Science courses 2003, as lusterwares;

(3.) IN the present case, the petitioner who has passed H. S. S. C. examination in february, 2003 sought admission in the aforesaid category. Petitioner secured 85. 33 per cent marks in H. S. S. C. examination from chandrapur. After completing his H. S. S. C. examination, petitioner applied for MH-CET 2003 examination. Father of the petitioner is an ex-serviceman. Petitioner states that he is not only entitled but also eligible for reservation in admission under Defence Ex-serviceman category. Petitioner's father was in service for the period 13-03-1973 to 03-03-1974 and as per probation G. R. dated 28-06-1984 the dependants of ex-serviceman are eligible, for reservation in admission for medical courses in all the colleges and universities in maharashtra. According to the petitioner, when he applied for medical admission, many seats from 5% reservation for candidates who are dependants/children were vacant. Thus, petitioner claims admission in medical education on the basis of provisions of Rule 2 (a) of annexure to the Rules for admission to the medical faculty for the year 2003-04 which reads as under: "clause (2) for selection against Def. 1 and Def. 2, seats following conditions will apply. (a) : To be eligible for such seat, a candidate must be a son/daughter of a person who has been a member of the Armed Forces of India and who has put in at least 5 years service and has been subject to Indian Army act, Indian Navy Act, or Indian Air Force Act and include an Ex serviceman who has retired from such services or was permanently disabled/killed in action. A candidate claiming a seat under Defence Category will be required to produce a certificate from an appropriate authority, Commandant or equivalent rank officer/zilla Sainik Board in the State of maharashtra certifying the same. " according to the petitioner, Rule 2 (alin so far as it provides as and by way of condition a more than five year's service for obtaining benefit of reservation for admission, is illegal, unconstitutional and invalid.