SAWRAJ CHAUDHARY Vs. MAHARISHI DAYANAND UNIVERSITY

JUDGEMENT

(1.) Petitioner Miss Sawraj Chaudhary daughter of late Capt. P.S. Chaudhary has approached this Court by way of writ petition under Articles 226 and 227 of the Constitution, for quashing the admission of respondent No. 4 Miss Anupama Hooda daughter of Ex-Capt. Partap Singh, to the MBBS Course of Maharshi Dayanand University, Rohtak, against a seat falling in the reserved category for children of deceased or disabled officers.

(2.) According to the Prospectus of MBBS Course of the Maharshi Dayanand University, Rohtak, out of the total of 115 seats, 49 seats were kept in the reserved categories. Among the reserved categories, two seats out of 49, were kept reserved for "children of deceased or disabled officers (if there are no such cases, children of ex-servicemen)". Since the petitioner is the daughter of a deceased Army Captain, she applied for a seat in the reserved category of "children of deceased or disabled JCOs and other rank (if there are no such cases, children of ex-servicemen)". The petitioner sat in the entrance examination held by the University and was declared qualified in order of merit by a notification issued by the Medical College, Rohtak, on 25th August, 1987. Another candidate, Miss Anupama Hooda daughter of Ex-Capt. Partap Singh had also qualified and was also shown in the list as one of the candidates qualified for admission against a seat out of the aforesaid categories. However, the petitioner was not granted admission and instead respondent No. 4 Miss Anupama Hooda was admitted to the MBBS Course. The petitioner feeling aggrieved against the same represented to the respondents for the redress of her grievance but the said representation was rejected, giving rise to the present writ petition in which the petitioner has prayed for quashing the admission of Miss Anupama Hooda and instead granting the same to her.

(3.) In reply to the writ petition, affidavit has been filed by the Registrar of the respondent University in which factual position has not been disputed nor has the refusal of admission to the petitioner been justified on any cogent ground.