KINJLAK M. KALIA Vs. HIMACHAL PRADESH KRISHI VISHVAVIDYALA

JUDGEMENT

(1.) This petition is filed by the Petitioner for an appropriate direction to Himachal Pradesh Krishi Vishvavidyalaya, Respondent herein to consider the case of the Petitioner for admission to three years Basic Sciences Undergraduate Programme in the category of Wards of Freedom Fighter for the academic session 2000-2001. A prayer is also made to direct the University to condone shortage of lectures in the event of there being any delay on the part of the Petitioner in getting admission.

(2.) The case of the Petitioner is that he is citizen of India and is grand-son (on maternal side) of one Bhagat Ram, who was a Freedom Fighter. On April 11, 1991, (Annexure PA), the State of Himachal Pradesh, issued a letter regarding grant of certain facilities to the wards of Freedom Fighters. It was inter alia stated in the said communication that certain benefits were granted by the State Government to Freedom Fighters and their families vide a departmental letter No. SA-Fin. E(F) 4-23/86 dated October 15, 1986. By a letter at Annexure PA, however, it was clarified that the benefits which are being given earlier by the State Government to sons/grand-sons of Freedom Fighters would also be extended to maternal grand-sons/grand daughters, if the Freedom Fighters have no son. According to the Petitioner, he is grand-son on maternal side of Freedom Fighter Shri Bhagat Ram. It is also his case that though said Bhagat Ram had sons, they had not sought admission and the admission was applied only by the Petitioner, maternal grand-son of Shri Bhagat Ram. In this circumstance, he was entitled to be considered eligible and his application ought to have been decided by the University on merits. It was also his case that necessary certificate issued by the Deputy Commissioner, Kangra, showing Shri Bhagat Ram as a Freedom Fighter was also annexed. Since the Petitioner was not called for interview, he made a representation, which was replied by the University stating therein that since Freedom Fighter Shri Bhagat Ram had left sons, the case of the Petitioner was not covered by the letter issued by the Government (Annexure PA) and, hence, the Petitioner was not eligible and his case could not be considered for giving admission to Basic Sciences Undergraduate Programme. The Petitioner was accordingly informed vide a letter, dated August 1, 2000 (Annexure PD). The Petitioner being aggrieved by the said communication, approached this Court by filing the present writ petition.

(3.) We have heard Mr. Rajiv Sharma, learned Counsel for the Petitioner and Mr. N.K. Thakur, learned Counsel for the Respondent-University.