OWAIS MEHMOOD Vs. STATE AND ORS.

JUDGEMENT

(1.) Migration of a person from his home and hearth, for whatever cause, results in his displacement from the environs he cherishes to live in, which, otherwise, is his birth right. All earnest efforts made by a responsible Government/authority to provide succor to such a displaced person to enable him to survive in a different environment, and all further efforts made to shape up future of such a person, may be a temporary allurement, but these efforts would not be sufficient to soothe his injured sentiments or act as a balm to his ruffled feelings. Whatever worldly possessions he may attain, his soul will keep crying until such time he returns to his roots.

(2.) The case on hand throws up one such instance, in which the Central Government has earmarked MBBS seats from the Central Pool for accommodating the candidates of those families, who migrated from their home place, when the State of J & K, more particularly, Kashmir valley, was ushered into abnormal circumstances, in the year 1989 -90.

(3.) Ministry of Home Affairs, Government of India, vide communication dated 09.06.2004, addressed to Chief Secretaries of all the States, Union Territories and Administration, informed them that the Ministry of Health and Family Welfare has decided to allocate 04 MBBS seats at 02 colleges during the current year for the terrorist victims (civilians). The Chief Secretaries were also informed through these communications that the seats were reserved for spouses/children of the deceased/displaced civilian victims of terrorism. The priority of allocation of MBBS seats to the civilian victims of terrorism was also prescribed in the said communication, which is taken note of: