HARPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 and 227 of the Constitution of India is seeking writ of certiorari quashing Clause (viii) of Para 15 of the Notification No. 5/9/2020-5HB-III/5234 dated 02.09.2020 (Annexure P-3) issued by Department of Medial Education & Research (Health-Ill Branch), Government of Punjab on the ground that it is arbitrary, discriminatory, thus violative of Article 14, 15 & 16 of the Constitution of India.

(2.) The facts emerging from petition are that the Petitioner is grandson of a Punjab Police Person who was killed in action. The Petitioner after passing higher secondary examination (10+2) applied for National Eligibility-cum-Entrance Test-2020 (for short 'NEET') for securing admission to M.B.B.S / B.D.S. courses in State of Punjab for session 2020-21 in Government and private medical institutions in Punjab. The Respondent-University declared result and asked the Petitioner to submit documents. In the document verification notice dated 03.11.2020, the Petitioner's name was shown under all the categories under which he had originally applied i.e. Category No. 12 (for schedule castes), 18.2 (for grandchildren of persons killed in terrorist action in Punjab) and 31 (for wards of Punjab Police Personal, Punjab Armed Police, Punjab Home Guards and Paramilitary Forces killed in action). The Petitioner appeared before Authorities and got his documents verified. The Respondent in the provisional merit list of candidates dated 12.11.2020 deleted name of petitioner due to lesser merit in all categories applied.

(3.) The petitioner in the backdrop of above sequel of events is assailing vires of Clause (viii) of Para 15 of Notification dated 02.09.2020 (P-3). The sole ground of challenge to validity of impugned Clause (viii) is that it is discriminatory and manifestly arbitrary thus violative of article 14 of the Constitution on the ground that in case of terrorist affected person under clause (vi) grandchildren are eligible whereas grandchildren of police personnel killed in action under clause (viii) are not eligible. There is no reasonable basis to make difference between both the categories, hence discriminatory. Wards of police personnel should be treated at par with general public.