ARJUN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE present writ petition has been filed seeking direction in the nature of writ of mandamus for admitting the petitioner in the MBBS course for the Academic year 2013 on the strength of being at Sr. No. 3 in the merit list of the candidates, in the category of a Gallantry Award/Other Award Winners and that the admission granted to respondents No. 5 to 7 be set aside, being lower in merit. The pleaded case of the petitioner is that he is permanent resident of State of Punjab and the father of the petitioner is an Army Officer and is a recipient of Military Award of the General Officer Commanding -in -Chiefs, Commendation. The Commendation in the Defence Services are proper awards instituted through various official Army orders and are accompanied with a metallic medal disc which is worn on the uniform and the awards are published in the official orders of the defence service and entered in the records of the concerned officials. The petitioner appeared in the National, Eligibility -cum - Entrance Test -UG, 2013 (NEET) and secured over all rank of 405 in ' the State of Punjab and all India overall rank 19266. The category of the petitioner was numbered at 25. The petitioner applied for admission on 28.06.2013 and attended the counselling on 16.07.2013 and was shown at Sr. No. 3 in his category, having NEET percentile No. 97.0620 and applied against categories 11 and 25. In the eligibility criteria of the wards of Defence Personnel, against Clause 15A(vii)(e) of the Prospectus, "Gallantry Award/Other Award Winners, both serving/retired" were to be given preference. At the time of counselling, the petitioner was informed that his candidature under the said category was not covered as the interpretation of the respondents was that Commendations awarded by the Chief of the Army Staff or General Officer Commanding -in - Chief or the Vice Chief of the Army Staff, are not Gallantry Awards: The award was for distinguished services of the petitioner's father arid the same was also. recognized being "Other Award Winners" under 15A(vii)(e).

(2.) THAT father of respondent No. 6 was a recipient of Vishist Sewa Medal which was a distinguished service award but not a Gallantry Award but he was granted admission which was refused to the petitioner. Accordingly, the writ petition was filed and Union of India was impleaded as party to seek their response as to whether the Commendation Cards fall within the definition of other award. As per the affidavit of the Union of India, it was deposed that the Commendation Cards are awarded for individual acts of gallantry, distinguished service or devotion to duty and are considered as an award, as per letter dated 09.11.2006, issued by the Headquarter of Ministry of Defence (Army). It is further deposed that it is for fee concerned State Governments to give necessary recognition as well as the benefits of the awards.

(3.) IN the affidavit filed by the State, it was submitted that the' power of admission 1 has been conferred on respondents No. 2 to 4 and the petitioner was declared ineligible as he did not produce any Gallantry Award/Other Awards.