LAWS(HPH)-2016-3-197

SHIVAM SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On March 28, 2016
Shivam Sharma Appellant
V/S
State of Himachal Pradesh (H.P.) Respondents

JUDGEMENT

(1.) Above captioned writ petitions were heard and decided by Honourable Division Bench of this Court comprising of Honourable Mr. Justice Dharam Chand Chaudhary, Judge and Honourable Mr. Justice Vivek Singh Thakur, Judge. The Members on the Honourable Division Bench referred to herein above expressed divergence of opinion vide two separate judgments delivered on 13.7.2018, as a consequence of which, cases at hand came to be placed before me. A careful perusal of judgment(s) rendered by the Division Bench suggests that following points were framed for determination after hearing the rival contentions and perusing material adduced on record:

(2.) Whether the category of the petitioners and the children of exempted category 3(ii) of item No. IV (A) being identical forms a group hence withdrawing of exemption from condition of passing two exams from one of the category i.e. of the petitioners creates a class within a class and also distinguishes the category of the petitioners from that of the so called other exempted category 3(ii) of item No. IV (A), is discriminatory?

(3.) Whether the Prospectus Annexure P-11 initially issued for admission in MBBS/BDS courses was containing the provision qua exemption to the category of petitioners in addition to the private respondents in the main matter and petitioner in CWP No. 1501 of 2018 and that the respondent-State by way of Corrigendum(s) Annexures P-10 and P-12 has illegally withdrawn the same from their category?"