LAWS(P&H)-2008-8-180

VANDANA RATHOUR Vs. STATE OF PUNJAB AND ORS.

Decided On August 27, 2008
Vandana Rathour Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) THE petitioner has invoked the extra -ordinary writ jurisdiction of this Court to claim a writ of mandamus directing the respondents to admit the petitioner in MBBS course, against seats meant for the reserved category of Tsunami victims.

(2.) IT is the case of the petitioner that the grandfather of the petitioner, Shri Joginder Singh was serving in the Indian Army and he retired in the year 1961. The Government of India framed a Scheme for rehabilitation of Ex -Army personnel in Nicobar Island. In such process, the grandfather of the petitioner was allotted 14 acres of land in Joginder Nagar, Campbell Bay, Great Nicobar Island and since then the grandfather of the petitioner is settled there. The parents of the petitioner suffered huge losses during Tsunami waves in the year 2004 and their entire land and the house were also submerged in the sea water. Certificate issued by the competent authorities to this effect are annexed with the writ petition as Annexures P.1 to P.4. It is pointed out that the petitioner is born and brought up in Joginder Nagar, Campbell Bay, Great Nicobar Island. In fact, a perusal of the certificate Annexure P.5 shows that the petitioner has studied upto Class 8th at Nicobar Island.

(3.) THE petitioner qualified the entrance test, but was not granted benefit of reservation against the seats meant for the Tsunami victims, presumably on the ground that the petitioner is not the daughter of an ex -servicemen, who has settled in Campbell Bay Island in Andaman & Nicobar.