GAURI SHANKAR VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BRIEFLY, the facts are that the petitioner being a Sunar, belongs to a backward class in Haryana. In terms of the Government Instructions, dated 7th July, 1981 (copy Annexure P-3), regarding reservation of seats in the educational institutions in Haryana, eight seats were reserved for candidates belonging to backward classes in the Government Medical College, Rohtak. For the purpose of admission to the M. B. B. S. Course in the College, an Entrance Examination was held on 27th/28th June, 1981. The petitioner had passed the Pre-Medical Examination from the Maharshi Daya Nand University, Rohtak (hereinafter referred to as the M. D. University), in April, 1981. He appeared in the Entrance Examination and was placed at number seven on the merit list of the candidate pertaining to the backward classes.

(2.) THE M. D. University has issued the prospectus regarding the Medical Entrance Examination 1981-82. Backward Class candidates have been defined in clause (I) of Chapter IV of the said prospectus. According to this clause, backward classes include all the residents of Haryana State whose family income is less than Rs. 1,000 per annum, irrespective of the fact as to which caste, community or class they belong and what profession they are following, and the candidates belonging to backward classes, as declared by the State Government and whose family income does not exceed Rs. 4,200 per annum. It is alleged that though the latter class in the prospectus is against the Haryana Government instructions dated 17th May, 1973 (Copy Annexure P-4), yet the petitioner attached a certificate from the Sub-Divisional Officer (Civil), Jhajjar, to the effect that the petitioner's family income from all sources was Rs. 9,700 per annum. Consequently, the petitioner was not admitted in the College in spite of his having secured the seventh position in the merit list prepared on the basis of the Entrance Examination. He has challenged the order rejecting his candidature inter alia on the grounds that clause (I) of Chapter IV of the Prospectus providing the family income of Rs. 4,200 in the case of backward classes, as declared by the Government, is against the Haryana Government instructions applicable to the educational institutions in the State: that the instructions dated 7th July, 1981 (copy Annexure P-3) and dated 17th May, 1973 (copy Annexure P-4) are applicable to the educational institutions and that if the income criteria is taken to be valid, the annual income for the financial year in question and not for the previous years should be taken into consideration.

(3.) THE writ petition has been contested by the respondents. In its written statement respondent No. 1 has admitted that Sunars have been declared as members of the Backward Classes up to 19th August, 1985, and that the instructions dated 17th May, 1973, and 7th July, 1981, were issued by the Government. It has also admitted that there was no Government policy laying down income criteria for reservation of seats for backward classes in the educational institutional. The other allegations in the writ petition were, however, denied.