AMAN GUPTA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Being aggrieved against the action of the respondents in restricting the eligibility for making an application under reserved quota meant for freedom fighters, which has been limited to children and grand children alone in horizontal reservation of 1% as assigned, the petitioner has approached this Court through the present writ petition.

(2.) The petitioner was aspirant to seeking admission to M.B.B.S/B.D.S/B.A.M.S course. He accordingly appeared for Haryana P.M.T Examination conducted by respondent No. 2 after qualifying his 10+2 examination. Respondent No. 2 has issued prospectus regulating the admission to five Medical Colleges. The last date for submission of the application forms was 18.5.2012. The P.M.T examination was scheduled for 1.7.2012.

(3.) As per the conditions contained in the prospectus, 3% horizontal reservation is made for ex-servicemen/freedom fighter and their dependents. As per note 6 of Chapter VI, regarding reservation and distribution of seats, it is provided that children or grand children (maternal and paternal both) of freedom fighters can seek concession of the reservation. The petitioner's great grand father was a freedom fighter as he had undergone imprisonment for three months during freedom struggle. He, thus, was eligible to seek admission in the reserved category of freedom fighter but due to the restriction contained in the prospectus, limited the concession to the children and grand children, the petitioner stands ousted to seek admission in this reserved category.