VIKRAM SINGH NEGI Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner challenges the provision whereby the children of bona fide Himachalis who were serving as the employees of other State Governments or Autonomous and Semi Government organizations of such States are permitted to apply for and appear in the Combined Entrance Test for Medical and Dental Colleges.

(2.) IN the State of Himachal Pradesh, admission to Medical and Dental Colleges is made on the basis of a combined entrance test. The conditions are laid down in the prospectus. Out of total number of seats, 85% seats are reserved for the State quota and 15% to be filled up on the basis of All India Merit as per directions given by the Apex Court. The eligibility criteria mentioned in the prospectus provides that for the State quota seats, only children of bona fide Himachalis and Himachal Pradesh Government employees and employees of Autonomous Bodies, wholly or partially financed by the Himachal Pradesh Government will be eligible to apply. It is further laid down that these students must have passed at least two, out of four examination i.e. Middle or equivalent; Matric or equivalent; 10+1 or equivalent; and 10+2 or equivalent from Schools situated within the State of H.P. Certain exemptions are provided e.g. for Himachali students, who are admitted to Navodya Schools, outside Himachal Pradesh; Children of Defence personnel and Ex -serviceman are also exempted from this condition. Children of employees of Central Government including the Union Territory and children of employees of Autonomous Organizations of the Central Government are also exempted from the condition of having passed two, out of four examinations from Schools situated within the State of Himachal Pradesh. Similar, exemption from the year 2007 -2008 has been granted to children of bona fide Himachalis, who are employed with other State Governments or are employees of the Autonomous or Semi Government bodies of other State Governments. The petitioner is aggrieved by this condition.

(3.) THE bonafide Himachali students who are admitted to Navodya Schools situated in Himachal Pradesh and who pass matric or +2 examination under the exchange programme from other Navodya Schools in the Country shall also be eligible for admission to the above courses. Following categories of candidates are exempted from the condition of passing the examinations from recognized schools affiliated to ICSE/CBSE/HP Board of School Education situated in