ANOOP MALIK Vs. MAHARSHI DAYANAND UNIVERSITY, ROHTAK

JUDGEMENT

(1.) Petitioner is the son of an ex-serviceman who retired from military service on November 1, 1994. In connection with service in the Army, petitioner's father, though a permanent resident of Haryana, stayed outside the State. Consequently, petitioner had his education outside Haryana. He passed All India Senior Secondary School Examination which is recognised by respondent-University as equivalent to the 12th Class examination of the Board of Secondary Education, Haryana in 1994. He applied for taking the entrance test for admission to the Bachelor of Pharmacy Course in accordance with the prospectus published by the respondents. Pursuant to the application, he was issued Roll No. 15330 at Centre No. 502 for taking the test for admission in 1996. In the entrance test, he came out successful and his name was shown at Serial No. 1 in the merit list in the category of children of freedom fighters/physically handicapped candidates/wards of ex- servicemen. To this category, one seat was reserved as per the prospectus. On the basis of his rank in the merit list, he was called for interview. He was denied admission on the ground that his father retired from military service prior to 1.4.1995 and so he was not entitled to the benefit of reservation. This action on the part of the respondents is under challenge. Petitioner inter alia prays for issuance of a direction to the respondents to admit him to the Bachelor of Pharmacy Course (4 years) 1996 and to declare that benefit of reservation as a dependent to ex-serviceman are available only to the wards of those ex-servicemen who retired after 1.4.1995 as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India.

(2.) A detailed written statement was filed by the Registrar of the Maharshi Dayanand University on behalf of the respondents. It is contended therein that the provisions contained in the prospectus issued by the respondents on previous occasion was upheld by this Court and the Supreme Court when the Apex Court dismissed the Special Leave Petition Nos. 16149/1994, 16093/1994 and 18871 of 1994. Consequently, it is contended that the eligibility criteria fixed in the prospectus is not open to challenge. Petitioner is one who had not studied in any of the schools situated in Haryana. Hence, he is not entitled to seek admission to the said Course. Petitioner was to go through the provisions of the prospectus. The prospectus made it abundantly clear that he was not having the eligibility to seek admission to the Course. Wards of ex-servicemen retired recently alone were given the benefit of reservation. One who retired from Army earlier to 1.4.1995 could have got his ward educated in Haryana in the 12th standard. If the student had his 12th year study in one of the schools in Haryana, he could have claimed the benefit of reservation. Petitioner's father having retired prior to 1.4.1995, could have had the petitioner's education in one of the schools in Haryana during 1995-96. Had the petitioner studied in a school in Haryana, he could have claimed the benefit as per the prospectus. Petitioner had completed his 12th Class in 1994 from a School outside Haryana. Therefore, it is contended that the petitioner cannot seek admission to the Course claiming the benefit of reservation.

(3.) Prospectus for admission to Bachelor of Pharmacy Entrance Examination in 1996 was published by the Maharshi Dayanand University, Rohtak in June 1996. Last date for receipt of the application forms by the Controller of Examination of the University was fixed therein as 9.7.1996. Prospectus provided that candidates will be provisionally admitted to the examination subject to verification of their eligibility. Further, it went on to state that candidates allowed provisionally to appear in the entrance examination cannot claim admission if found ineligible on verification of documents/certificates etc. at the time of interview. This provision makes it clear that on account of taking the entrance examination and on getting a rank in the merit list, no candidate can put forth a claim for admission unless he is found eligible on verification of documents and certificates at the time of interview. Petitioner applied for admission. He was given admit card provisionally subject to verification of his eligibility. With that admit card, he took the examination. He came out successful. He was put at rank No. 1 amongst the candidates who were to get the benefit of reservation in the category of children of freedom fighters, physically handicapped candidates/wards of ex-servicemen. He was called for interview. At the interview, he was denied admission as he was not found falling within the category entitled to reservation.