REGISTRAR HIMACHAL PRADESH UNIVERSITY Vs. SHASHI PAL SINGH

JUDGEMENT

(1.) This Letters Patent Appeal has been brought from the judgment of a learned Single Judge, whereby a writ petition filed by Shri Shashi Pal Singh has been accepted, quashing the decision of the respondents, who are the State of Himachal Pradesh, the Principal, Himachal Pradesh Medical College, Simla, and the Registrar of the Himachal Pradesh University, refusing the admission of the petitioner in the first year M. B. B. S. course of the Medical College. The allegations of the petitioner Shashi Pal Singh were, that after passing the pre-Medical Examination from the Himachal Pradesh University in 1973, he applied to the Medical College for appearing in the examination held for admission to the M. B. B. S. course and he sought his admission under the category reserved for political sufferers. The respondents did not accept the candidature of the petitioner under that reserved seat and, therefore, allowed him to appear in the competition against general seats which were un-reserved. Accordingly the petitioner took up his competition but his marks were not sufficient and he could not get admission under any unreserved seat. The decision regarding his refusal of admission became the subject- matter of writ petition filed by him. According to the learned Chief Justice, there were sufficient grounds for interference and he not only quashed the decision of the respondents refusing the admission of the petitioner, but also directed them to consider his case on merit under the category ''wards of political sufferers" for admission.

(2.) The petitioner relied upon the reserved category which is described in the Himachal Pradesh Medical College Prospectus for the year 1973-74, as below:-" Wards of political sufferers and persons with outstanding social background hailing from Himachal Pradesh."

(3.) The petitioner produced before the respondents a certificate (Annexure D) dated October 25, 1961 which was from All India INA Enquiry and Relief Committee appointed by the All India Congress Committee, signed by one Shri JagdeV Singh, Joint Secretary, which signified that Shri Shamsher Singh, father of the petitioner, was a member of the Indian National Army. The petitioner further relied upon the letter of the Ministry of Home Affairs (Annexure E) dated May 23, 1961, which indicated that all Ex. INA personnel were to be treated as political sufferers so far as the Government of India was concerned and were thus eligible for relief in the matter of employment to public service and also for educational concession to their children. The respondents relied upon the letter of the Secretary Department of Health Himachal Pradesh (Annexure RB) of September 25, 1973, which mentioned that a formal letter/certificate by the Government of Himachal Pradesh in regard to their being freedom fighters/ex.-INA personnel or a certificate to that effect by the State Social Welfare Advisory Board were only admissible for any such concession. According to the respondents the certificate submitted by the petitioner did not satisfy this condition and hence he was not treated ward of a political sufferer.