JASPHEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition, under Art. 226/227 of the Constitution of India the petitioner prays for issuance of an appropriate writ, order or direction to the respondents to grant admission to the petitioner in the reserve category for ex-serviceman after declaring the result of the petitioner of the entrance test for admission to O.T. (Hindi) course 2000-2001. Admittedly, there is hardly any controversy in regard to the facts stated in the petition. The basic question for determination before the Court is with regard to effect of the instructions issued by the Government dated 7-8-2000, copy whereof has been annexed to the reply as Annexure R.1. on the terms and conditions of the brochure, authority of the State to issue such instructions.

(2.) The petitioner is a resident of District Rohtak. He claimed to be ex-serviceman. In response to the prospectus issued by the State of Haryana inviting applications for admission to various courses including that of O.T. (Hindi), the petitioner submitted his application under the category of ex-serviceman being desirous of pursuing the said O.T. (Hindi) course. The course code of O.T. (Hindi) was 03 while the category under which the petitioner had applied was 08. The petitioner was issued Roll No. 317752 under that category and he appeared in the entrance test. The result of admission to the said course was declared in the newspaper. The petitioner did not find his roll number there. According to the petitioner, no candidate was granted seat under that category despite one per cent reservation under note (ii) under the terms of the brochure. The petitioner was, thus, compelled to file the present petition.

(3.) As already noticed that the facts in the present petition are not disputed. The respondents admit that the brochure did provide for one per cent reservation for ex-serviceman, however, such prescription was subject to the General reservation policy of the Haryana Government under the instructions. The reservation for ex-serviceman, was withdrawn and it was provided in favour of physically handicapped category under the instruments issued by the Central Govenment as well as by the State Government. Thus, the petitioner and/or any candidate under category '08' was not given admission in the said course.