KABUL SINGH Vs. PUNJAB UNIVERSITY AND ANOTHER

JUDGEMENT

(1.) The petitioner is an ex-serviceman who has earned honourable discharge with pension after putting in 18 years of service. He was discharged on 30.06.2003. The petitioner was matriculate at the time of joining Army service. He completed 10+2 while in service. After his discharge, he completed his Graduation i.e. Bachelor of Arts from Kurukshetra University in the year 2017. Thereafter, the petitioner wished to enrol for the LL.B. 3 years course in the Academic Session 2017-18. He applied for the entrance test against 5% defence quota and secured 49.75% marks. Thus, he was placed at Serial No. 45 in the merit list of defence category. The reservation for defence category, as provided in the prospectus was 5% which translated into 15 seats for defence category out of total of 300 seats. Since the petitioner was way down in the merit list, he could not secure admission in the LL.B. 3 years course.

(2.) The grievance of the petitioner is that according to the terms of the prospectus, preference has been given to wards of ex-serviceman/defence personnel in the quota of 5% for defence category, whereas it should be the other way round. The relevant part of the prospectus relating to 5% quota of defence category and the priorities mentioned therein is reproduced below:-

(3.) Learned counsel for the petitioner contended that reservation is provided to ex-servicemen to enable them to get rehabilitated in civil life after leaving service and in case they are granted preference over the wards of ex servicemen, the very aim of the reservation stands defeated. Learned counsel has relied upon judgment of the Hon'ble Supreme Court of India titled as Dilwan Singh v. State of Haryana, 1996(8) SCC 369 and a Division Bench judgment of this Court titled as Ishwar Singh v. Kurukshetra University and others, 2013(3) SCT 493.