LAWS(P&H)-2010-9-70

PAWANPREET KAUR Vs. STATE OF PUNJAB

Decided On September 15, 2010
PAWANPREET KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This matter has been placed before this Bench in pursuance of following order:

(2.) Before adverting to the issue referred, it will be appropriate to notice the facts. The Petitioner is a candidate for MBBS/BDS course and sought reservation under Clause 5A (vi) of the Prospectus for PMET 2010 issued by the Baba Farid University of Health Sciences, Faridkot, Respondent No. 2. Case of the Petitioner is that her grand father Kartar Singh was killed in the year 1984 during Operation Blue Star and at that time, her father Lakhwinder Singh was 19/20 years of age. Even though the terrorism ended in Punjab in the year 1990, the policy of reservation for wards of terrorist affected persons was continuing and the said policy should thus be held to be applicable even to grand children of terrorist affected persons. The said clause is as under:

(3.) Case of the Petitioner is that if the policy is not applied to grandchildren, there may not be any eligible persons who may get benefit of the reservation in the category in question. Reliance has been placed on a Division Bench decision of this Court in Simran K. Gill v. State of Punjab and Ors. CWP No. 13257 of 2007, decided on 31.8.2007, wherein benefit of reservation was allowed to grandchild of a Tsunami victim, ex-servicemen settler of Campbell Bay Island in Andaman and Nicobar (reproduced in the reference order).