SANJAY SACHDEVA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in this petition filed under Article 226 of the Constitution is to the fixation of upper

(2.) It is averred that the petitioner is born on 10.11.1967 and has been working as Medical Officer (HCMS II). He sought admission in the M.D./ M.S./Post Graduate Diploma/MDS by moving appropriate application and according to the declaration of result he ranked at serial No. 43. At the second counseling held on 18.6.2009 he was not granted admission whereas Kirti Sharma- respondent No. 5 who ranked at serial No. 49 in order of merit was given admission. The petitioner was ignored on the ground that according to the policy regarding higher studies (Annexure "C") upper age limit for admission to the Post Graduation Courses was 40 years and in the year 2009 he had attained the age of more than 40 years.

(3.) The petitioner has challenged the constitutional validity of clause 5 of the policy (Annexure "C") which reads as under :