SHIREEN HANJRA Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Present petition is an unfortunate case where a dependent of Ex-Serviceman, who was killed in action on 19.10.1999 in an encounter in the Operation, namely, OP Rakshak (OP Vijay) and has been recognised as a "Battle Casualty", has to fight for admission and satisfy the authorities that she is entitled for the benefit of reservation under the Wards of Ex. Serviceman Category. The certificate of Battle Casualty, issued by the Army Headquarters reads as under:

(2.) It is not disputed that the petitioner had studied her +2 from DAV Public School, Phase 10, Mohali, on the basis of which, she was eligible to apply under Clause 16 of the Prospectus (Annexure P1) for admission in the MBBS course for the academic session 2015. As per the reservation provided under Clause 20 to the defence personnel to the extent of 1%, preference is to be given to the wards of Defence Personnel killed in terrorists action. As per Clause 6 Part-I of the Prospectus, such ward would come under Category 22. The requirements under Category 22 to furnish the necessary certificates is prescribed in the format which is reproduced as under:

(3.) Respondent-State, in its reply, filed by respondent No.3, averred that the residence of the petitioner is Village Tepla, District Ambala, Haryana and therefore, the benefit of this category cannot be claimed in the State of Punjab. It has been averred that the Director, Sainik Services Welfare Board, in the communication dated 17.09.2015, had informed that the petitioner did not fulfil the requisite qualifications for admission to Category Code 22. It had been found that her father did not belong to Tehsil Moonak, District Sangrur and therefore, was not eligible for admission. The defence taken was that reservation would only be for the candidates who were dependents of the defence personnel belonging to the State of Punjab and not to the other states.