MANDEEP KAUR Vs. SRI GURU RAM DASS INSTITUTE

JUDGEMENT

(1.) On 18.12.2001, after hearing learned counsel for the parties, we had allowed the prayer of the petitioner No. 2 made in this petition under Articles 226/227 of the Constitution of India, for the reasons to be recorded later. The prayer made in the petition is that the reservation made by the respondent-Institute for the sons/daughters of teachers of the respondent institute be quashed as it has no reasonable nexus with the object sought to be achieved and is apparently violative of Articles 14 of the Constitution of India.

(2.) Before we proceed to record the reasons, it will be appropriate to refer to the basic facts giving rise to this petition. The petition was filed by two petitioners namely Mandeep Kaur and Sabhrup Kaur challenging the reservation for the wards of teachers of the respondent institute in regard to admission to M.B.B.S. Course. During the pendency of the petition, the petitioner No. 1 was assured seat in the course but she was required to withdraw the writ petition. Thus, she made a statement before the court for withdrawal of her name from the writ petition.

(3.) Resultantly, the learned counsel appearing for the said petitioner made a statement that qua said petitioner, the writ petition be dismissed and her name be deleted from the array of parties. Request was allowed, vide order dated 12th October 2001. However, subsequently, an application was filed under Order 47 Rule 1 read with section 151 of the Code of Civil Procedure for review of the order dated 12th October, 2001, on the ground that the respondents are not granting seat to the petitioner, despite a clear assurance and representation which was made to her.