LAWS(BOM)-1998-8-101

POOJA DEVOTTAM DUTTA Vs. DIRECTOR COMPETENT AUTHORITY

Decided On August 10, 1998
Pooja Devottam Dutta Appellant
V/S
Director Competent Authority Respondents

JUDGEMENT

(1.) RULE . By consent Rule is made returnable forthwith.

(2.) PETITIONER has passed the H.S.C. Examination having secured 273 out of 300 marks in physics. Chemistry and Biology group and is an aspirant for admission to the Medical and Dental courses being conducted in Maharashtra for the academic year 1998-99. Petitioner is a daughter of an ex-defence personnel. Petitioner's father had served in the Indian Army for the period between 3rd September, 1977 and 3rd September, 1987. He had thus served as a defence personnel for a period of ten years. Petitioner's father thereafter joined the services of Currency Note Press. Nasik Road, which is a Government of India Undertaking under the Finance Ministry. During his job in the Currency Note Press, he was sent on deputation to the Indian Govt. Mint, Noida and had thereafter been repatriated back to Currency Note Press, Nasik Road. As far as the petitioner is concerned, she has passed the H.S.C. Examination from Maharashtra during the time her father was posted at the Currency Note Press at Nasik Road. She has, however passed the S.S.C. Examination from Noida at the time when her father was in deputation to Indian Govt. Mint, Noida. Petitioner now seeks admission in the quota reserved for children of defence personnel.

(3.) AS far as the second ground is concerned, petitioner has stated on oath that she had submitted her form for the aforesaid category of children of Armed Forces. However, her application form was not accepted on the ground that she had not passed her S.S.C. from Maharashtra. She was, therefore, forced to score the marking which she had made indicating her claim under the aforesaid reserved category otherwise her form would not have even been accepted. We have perused the application form of the petitioner and we find that " " mark across the reserved column has been scored into "X". Contention of the petitioner in this behalf is thus borne out from the record. Annesure-C to the Rules provide for reservation for children of defence personnel. The same provides as under: