BRIJESH KUMAR Vs. MOHAN LAL SUKHADIA UNIVERSITY

JUDGEMENT

(1.) The petitioner through this writ petition is desiring admission in the Bachelor of Engineering Degree Course in the quota reserved for the children of Ex-Servicemen.

(2.) It is said that admission is being denied to the petitioner on the ground that the father of the petitioner is not being considered to be of Rajasthan origin. The relevant portion from Annex. 1 in respect of the eligibility against the vacancies reserved for the wards of Ex-Servicemen prescribes that the candidate would be eligible only if he or she fulfils the conditions Nos. 1 and 2. Condition No. 1 is not relevant for the purposes of this case. However, the condition No. 2 which is relevant, is reproduced hereunder:-

(3.) Mr. Mridul, Senior Advocate, learned counsel for the petitioner submits that though the father of the petitioner was born in Village Niwri Kalan in the State of Uttar Pradesh but had his continuous service in Jodhpur right from the year 1979 till his discharge except for a brief period when he was on duty in Punjab and after retirement his family settled in Jodhpur. It is next contended that the entire education of the petitioner has been at Jodhpur itself and thus, the petitioner and his father are bona fide residents in the State of Rajasthan for the last several years. In the P.E.T. Examinations held in 1995 as per result declared the petitioner was placed at No. 6 in the category of "Wards of ExServicemen". It was at the stage when the petitioner was called upon to produce the certificate of discharge of his father that he was denied the admission on the basis of the above said condition. Learned counsel for the petitioner further relies on instructions for the guidance of the candidates appearing in the P.E.T., 1995 and therein the candidates seeking admission are eligible in case they have studied continuously for two years as a regular student in a recognised educational institution in Rajasthan or father is a bona fide resident of Rajasthan and the candidate has studied for at least 5 years in a recognised educational institution in Rajasthan, or he or she is a son/daughter of a serving employee who has put in at least 3 years' service on the last date for submission of application or retired employees of the Government of Rajasthan and other undertakings and corporations. On the analogy of these guidelines, learned counsel proceeds to submit that the aforesaid condition has to be either struck down or be read down so as to be in consonance with these guidelines.