MOHIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The question that arises for determination in this writ petition is whether the non-consideration of the petitioner during the MOP UP round of counseling was justified or not?

(2.) The petitioner's father was serving in the Army Medical Corps and died on 21.01.2002 while in service. According to the certificate issued by the competent authority his death was attributable to Military Service. Being the ward of a Defence Personnel, who had died while in service, the petitioner applied for admission to the MBBS/BDS course in the Academic Session 2017-2018 at the last stage of MOP UP round only, admission for which was made by the Pandit Bhagwat Dayal Sharma University of Health Sciences, Rohtak, (for short 'University'), in the category of wards of Ex-servicemen, for which there is horizontal reservation. The said University issued a prospectus for the Session 2017- 2018, according to which, 18.07.2017 was the last date for online registration. Two rounds of counseling were to be held followed by a MOP UP round. For the MOP UP round, applicants who had registered themselves till 18.07.2017, but failed to secure admission in the two rounds of counseling, as well as candidates who had not registered themselves till 18.07.2017, could apply. The candidates who had not registered upto 18.07.2017, could make online applications from 20.08.2017 to 24.08.2017. According to the prospectus, a total of 06 seats were reserved for ESM/dependents of Freedom Fighter (FF) category in the General/SC category in the various Govt./Govt. aided Medical/Dental Colleges in the State of Haryana. The petitioner applied on 21.08.2017, i.e., amongst the candidates, who had not applied till 18.07.2017 in the category of ESM/wards of Defence Personnel. He claimed Priority-III (P III) being a ward of Defence Personnel, who died while in service and the death was attributable to the Military Service in accordance with policy dated 10.08.2017 of the State of Haryana (Annexure P-6).

(3.) The petitioner was not considered during the MOP UP round held on 30.08.2017, as a result of which, he filed CWP No.19782 of 2017 challenging his non-consideration and the same was disposed of vide order dated 31.08.2017 with a direction to the Admission Committee of the said University to decide representation dated 30.08.2017 by passing a speaking order. The said representation has been decided vide order dated 01.09.2017 (Annexure P-9) and has been rejected on the ground that candidates who had registered themselves upto 18.07.2017 were entitled to be considered before consideration of candidates, who had registered from 20.08.2017 to 24.08.2017. The vacancies in the ESM/dependents of Freedom Fighter (FF) category had been filled up from amongst candidates, who had registered themselves upto 18.07.2017 and therefore, the petitioner's claim to admission could not be considered during the MOP UP round.