LAWS(HPH)-1995-8-19

GAGAN DEEP Vs. STATE

Decided On August 16, 1995
GAGAN DEEP Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) We propose to decide this batch of 36 cases by this judgment since the questions involved in all of them are common in nature and learned Counsel for the parties advanced almost similar submissions in support of these questions However, pointed reference would be made to some of cases wherever it is found necessary.

(2.) The Petitioners have challenged the validity of eligibility criteria in the prospectus for the Session 1995 -96 restricting the eligibility only to those candidates who have passed at least two out of three examinations - Middle, Matric and 10+2 from recognised schools and colleges situated in Himachal Pradesh for admission to the first year MBBS/BDS courses in the Indira Gandhi Medical College (MBBS) and Himachal Pradesh Government Dental College and Hospital (BDS) and free seats available in private Medical and Dental Colleges in the State. The Petitioners have stated that they are permanent residents of Himachal Pradesh and are, therefore, bona fide Himachalis defined in the prospectus. However, due to the posting of their parents outside Himachal Pradesh, they had to study in schools and institutions outside the State of Himachal Pradesh. Some of the Petitioners are the children of Defence Services who had to be out of Himachal Pradesh on account of the posting of their fathers at various places in the country.

(3.) Petitioner Moti Lal (C.W.P. No. 825/95) had his education in "Vishesh Kendriya Vidalaya" situated at Ghaziabad in the State of Uttar Pradesh due to selection in competitive examination conducted by the District Education Officer, Kinnaur. Otherwise, be would have studied in the tribal area of Himachal Pradesh throughout.