RAJESH KUMAR Vs. MAHARISHI DAYANAND UNIVERSITY, ROHTAK

JUDGEMENT

(1.) This petition has been filed for issue of a writ to quash the admissions of respondent Nos. 3 to 6 in MBBS/BDS courses and for issue of a direction to respondent Nos. 1 and 2 to admit the petitioner in MBBS course.

(2.) The petitioner had applied for admission to MBBS/BDS course in the category of dependents of persons boarded out of military service due to disability. The petitioner secured 483 marks in the written examination conducted by the respondent-University. In the list of candidates, who had applied against the reserved category for which the petitioner was also an applicant, name of the petitioner was placed at serial No. 5. Smt. Krishna Malik, who was placed at serial No. 2 in the list of dependents of ex- servicemen, filed Civil Writ Petition No. 490 of 1995, which was allowed by a Division Bench of this Court on 20.3.1995 and a direction was given to the University to admit her to the MBBS course. The petitioner says that the persons who have lesser marks than him have been given admission but his candidature has been altogether ignored without any reason or rhyme. The petitioner says that the grant of admission to a candidate lower in merit than him amounts to violation of his right of equality.

(3.) The respondent-University has opposed the writ petition on the ground that the interviewing Board did not consider the petitioner as falling in the category of dependents of Ex-servicemen. According to the University, father of the petitioner, Shri Karam Singh, was a recruit in Unit 6 of the Technical Training Regiment from 8.12.1965 to 15.6.1967 and he was boarded out due to low medical category 2D and was shown to be suffering from Chrecurrent Folliculitis. The University has further pleaded that the petitioner did not produce any certificate to show that this father falls in the category of Ex- serviceman as notified by the Government of India vide notification dated 15.12.1979 and the definition given in the said notification is applicable to personnel who had retired prior to 1.7.1987. The University further says that in the year 1993-94, the petitioner had applied for admission to MBBS/BDS course and when the Vice Chancellor called upon the parents of the petitioner to prove their claim, they could not satisfy the Vice-Chancellor about the entitlement of the petitioner to be treated for the seats reserved for DDL category. The University has further pleaded that only three seats are reserved for DDL category for admission to MBBS course and remaining two seats (one free and one payment seat) are reserved for children of Ex-servicemen for admission to BDS course at D.A.V. Centenary Dental College, Yamuna Nagar. The University has also pleaded that the last mentioned two seats have been filled by admitting Ms. Sudesh Moudgil (free seat) and Keshav Chandra (payment seat). Regarding Ms. Priyanka Jain, it has been stated that she did not join and, therefore, the seat was given to Keshav Chandra. A separate written statement has been filed by respondent No. 3 and therein similar pleas have been raised. Respondent No. 4 has pleaded that she is more meritorious than the petitioner and, therefore, he cannot be given admission.