HUKAM CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners seeks issuance of a writ in the nature of certiorari/mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to grant admission to Ashish Mittal, son of the petitioner in any of the Engineering Colleges against the non-payment seal as reserved for children/grand children of Freedom Fighters.

(2.) In the first instance the petitioner sought issuance of a writ of mandamus directing respondent No. 1 to issue him a Freedom Fighter certificate to substantiate the claim made by his son Ashish Mittal for a non-payment reserved seat being a grand son of a Freedom Fighter in one of the Engineering Colleges. As per averments made in the writ petition, it was stated that Ashish Mittal is grand son of late Shri Ram Partap, who in fact had been drawing Freedom Fighter pension from the Government Treasury. This Freedom Fighter pension was sanctioned by the Government of India vide order dated 30.8.1974. Prayer was also made that respondents be directed to allow the petitioner's son to appear in the interview for the said admission on 26.9.1995, subject to the decision of the writ petition.

(3.) This writ petition came up for consideration on 22.9.1995 and notice of motion was issued to the respondents. A further direction was given for interviewing the petitioner's son on 26.9.1995 or on any other date. Pursuance to the notice of the Court, written statement has been filed on behalf of respondents 2 and 3. The claim of the petitioner for consideration in respect of reserved seat for the children of Freedom Fighter was resisted on the ground that the petitioner has failed to place on record the necessary documents/certificates in support of his contention that he is entitled to be considered under this reserved category. However, it was stated that the name of the petitioner's son shall be considered amongst general category candidates.