GAURAV VASUDEVA Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) The B.R.S. Institute of Medical Sciences (Dental College and Hospital) is affliated to Kurukshetra University, Kurukshetra. The University conducted an entrance examination for admission to Ist Professional B.D.S. course with respect to B.R.S. Institute of Medical Sciences (Dental College and Hospital-respondent No. 2). For the purpose of conducing of the said admission, a prospectus was issued by the Kurukshetra University. According to the prospectus admission was to be based on a combined entrance test conducted for the purpose of admission. The last date for submission of the application was 30.10.1995. After the test, the result was declared on 17.12.1995. Petitioner Gaurav Vasudeva is the son of an Ex-serviceman. The father of respondent No. 3-Rajesh Kumar also served in the Indian Army and was discharged being medically unfit. Both the petitioners and private respondent No. 3 had taken the test. They applied for 2 seats reserved for children of Ex-servicemen. The petitioner secured 550 marks in the Combined Entrance Test while the private respondent secured 361 marks. As per Chapter II Clause 14, the candidate had to appear before the Interview Board but the interview carried no marks. The said clause reads :-

(2.) The number of seats, reservation of seats, its distribution and duration of the course was covered by Chapter IV of the prospectus. The relevant extract of the same reads :-

(3.) Notice was issued to the respondents. Contest is only offered by private respondent No. 3. In the reply filed by the said respondent, it has been contended that if the application submitted by the candidate is incomplete, the same is liable to be rejected as per the instructions. The petitioner had applied qua the seats reserved for the children of Ex-servicemen. As per the instructions certificates prescribed in Appendix E and H had to be appended. The petitioner has not attached the certificates. Thus, he has no right to claim the seat reserved for the children of Ex-servicemen. It has also been alleged that seats could be given to Ex-servicemen's children of Haryana State only as per the provisions of Chapter I Clause A(ii). The same reads :-