JASMINE KAUR Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The petitioner has challenged the validity of the definition of Non resident Indian, to the extent of requiring parents/grandparents of such a person "to own immovable property in his/her name in Chandigarh for the last at least five years" and the letter dated 02.07.2013, communicated on 05.07.2013, asking her to furnish the certificate from the office of the DCcum- Estate Officer, Chandigarh or Municipal Corporation of Chandigarh, about owning immovable property by her parents/grandparents in their name in Chandigarh for the last at least 5 years.

(2.) According to the petitioner, she is a Canadian citizen. Her grandfather, namely, Karnail Singh S/o Chanda Singh had retired as Under Secretary in the year 1994. He resided in House No.2197-A, Sector 27-C, Chandigarh from 1965 to 1984 and thereafter shifted to House No.219, Sector 7-A, Chandigarh, both Government accommodations provided by the Chandigarh Administration, and resided there from 11.06.1984 to 05.12.1994. In the meanwhile, father of the petitioner joined as a S.O. (Civil) on 11.11.1988 in the Engineering Wing of Chandigarh Administration and was allotted another Government accommodation bearing House No.1191-A, Sector 20-B, Chandigarh, which he vacated on 02.01.1997 and was simultaneously allotted House No.114, Sector 19, Chandigarh, which was vacated by him on 14.12.2003. It is further averred that presently father of the petitioner is working as Sub Divisional Engineer (Roads), Sub Division No.1, Municipal Corporation, Chandigarh in the Engineering Wing of the Municipal Corporation, Chandigarh on deputation. She further averred that after 14.12.2003, her father started living in House No.918, Phase 7, Mohali, owned by her grandfather. It is further stated that the petitioner passed her 10+2 examination as a regular student from St. Soldier International Convent School, Mohali, securing 85.2% marks. Respondent no.2 issued a Centralized Admission Brochure for admission to the MBBS/BDS/BAMS/BHMS courses in 4 colleges which are detailed below:-

(3.) According to the schedule for admission, the last date for submission of application form for all the candidates was 24.06.2013 up to 4.00 PM. The first counseling for the NRI category was fixed for 19.07.2013 at 9:30 AM and the second counselling was to be notified later on, if any.