DEEPAK KUMAR GUPTA Vs. GURU NANAK DEV UNIVERSITY

JUDGEMENT

(1.) The petitioner a candidate for admission to M.B.B.S. Courses, is aggrieved by the instructions dated April 4, 1985 (Annexure P.7) issued by the State Government by which it has been provided that the benefit of reservation in the State Medical Colleges of 2% seats in MBBS/BDS Courses shall be available to only those freedom fighters and their wards "who have either been granted a freedom fighters' pension for the Punjab Government or have been awarded Tamara Patras for their political sufferings during pre-independence freedom movements. The Deputy Commissioner of the District to which a freedom fighter belongs to will be the only competent authority to provide an eligibility certificate to this effect........" Its validity has been challenged on the ground of violation of Article 14 of the Constitution. In the written statement filed on behalf of the respondents, it has been inter alia pointed out that the criteria has been laid down after thorough examination of the matter and it is neither arbitrary nor violative of Articles 14, 15 and 16 of the Constitution.

(2.) Whatever be the justification for reservation in favour of wards of freedom fighters, the fact remains that the competent authority has extended the concession to only the wards of such freedom fighters as have either been granted a pension or been awarded a Tamra Patra. These two considerations are relevant for judging the genuineness of the claim. These considerations identify the class on whom the benefit is intended to be conferred. These are not arbitrary or extraneous. I find no reason to hold that this criteria is either arbitrary or discriminatory.

(3.) Consequently, I find that the writ petition is without any merit and is dismissed, as such. Since no one has appeared for either of the parties, I pass no order as to costs.