SARGUN SINGH ROHEWAL Vs. PANJAB UNIVERSITY AND OTHERS

JUDGEMENT

(1.) Petitioner qualified the Joint Entrance Examination, held by the CBSE on 22.4.2013 securing All India Rank No.267995 and Chandigarh Rank No.2031. The petitioner opted for admission in B.E. + MBA Chemical Engineering and Technology and appeared before the Joint Admission Committee for admission in Dr. S.S. Bhatnagar University Institute of Chemical Engineering and Technology on 7.8.2013 in the category of dependent/Ex-servicemen against 5% quota as he is dependent on his father, who is an Ex-Havildar/AEC. The father of the petitioner joined Indian Army on 12.9.1977, discharged on 14.5.1985 on compassionate grounds and is thus an Ex-serviceman.

(2.) According to the petitioner, as per notification dated 27.3.1987, issued by the Ministry of Personnel, PG and Pensions (Department of Personnel and Training), Government of India, pertaining to the Rules called the Exservicemen (Re-employment in Central Civil Service and Posts) Amendment Rules, 1987, any person who has been released at his own request after completing 5 years' service in the Armed Forces of the Union, was entitled for reemployment. The petitioner has alleged that he was allotted seat under the category of dependent of Ex-servicemen, deposited the fee on 7.8.2013 but on the order of the Admission Committee, fee was returned to him, vide cheque dated 8.8.2013 because his admission was cancelled. The agitation of the petitioner is that respondent No.4, who is much lower to him as her All India Rank is No.315000 whereas petitioner's All India Rank No. is 267995, has been given admission and he was told that since his father does not fall within the category of Ex-servicemen as per para 5.2.2.6 of the Information Brochure, therefore, his admission has been cancelled. Thus, the petitioner has challenged condition No.4 under Clause 5.2.2.6 of Chapter 5 of the Joint Admission Committee of Information Brochure and has prayed for issuance of direction to the respondents to cancel the admission of respondent No.4, who has been granted admission in his place.

(3.) Learned counsel for the petitioner has submitted that Clause 4 of para No.5.2.2.6 of the Information Brochrue is unreasonable and arbitrary because it says that if an Army Personnel is released after completing the specific period of engagement and has been given gratuity then he would be considered as Ex-serviceman otherwise if he has been released at his own request or by way of dismissal or discharged on account of misconduct then he would not be considered as such. It is further submitted that father of the petitioner has been duly recognised as an Ex-servicemen and in this regard he has been issued a certificate by the Welfare Office of District Defence Services, SAS, Nagar, Mohali.