GAGAN SETHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The only question which requires decision in this writ petition is whether the respondent - University can decline admission to petitioner No. 1 against the seats reserved for the children/grandchildren of freedom-fighters on the ground that the certificate produced by her has not been issued by the Deputy Commissioner of the District.

(2.) In order to decide the controversy it will be useful to give a factual background of the case. Petitioner No. 1 is the daughter of petitioner No. 2 and grand daughter of Shri Ishar Singh Mardan. She applied for admission in the Entrance Test notified by the Guru Nanak Dev University, Amritsar (for short, the respondent-University) for admissions to the Medical Colleges in the State of Punjab. Along with her application form, the petitioner No. 1 submitted certificates issued by the Secretary to Government, Punjab, Department of Freedom Fighters, for claiming benefit of reservation made in favour for the wards of the Freedom Fighters. However, the authorities of the respondent-University refused to accept her candidature for the seats reserved for the wards of the Freedom Fighters on the ground that the certificate produced by her had not been issued by the Deputy Commissioner of the District concerned. Thinking that she may not be altogether debarred from appearing in the Entrance Test, the petitioner No. 1 submitted an application before the Co-ordinator of the P.M.T. on 11.6.1996 and requested for change of her category from wards of Freedom Fighters (reserved category) to general category.

(3.) The petitioner has pleaded that refusal of the respondent-University to accept her candidature as a ward of the Freedom Fighter is wholly arbitrary and unjustified because she had produced the certificate issued by the competent authority in terms of the Government instruction dated 14.9.1995. According to her, the University was not justified in insisting upon the production of a certificate issued by the Deputy Commissioner because the Government of Punjab had issued instructions authorising the General Administration Department, Political Wing, to issue such certificates in favour of those who had not received pension or Tarma Patras and as her grand-father had neither received pension nor the Tamra Patra the certificate issued by the Secretary to Government, Freedom Fighters, Department of General Administration (Political-III Branch) ought to have been accepted.