PRIYANKA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Single Judge dated 4. 7. 2006 dismissing the writ petition. In view of the urgency, on request of the learned counsel for the parties, the matter is heard for final disposal at admission stage.

(2.) THE facts discernible from the pleadings and the documents which are not in dispute are that first appellant Miss Priyanka applied for admission to MBBS Degree Course at the Government College against the allotted seats in the category reserved for ex-defence disabled personnel under IVth Priority meant for disabled ex-servicemen, who are medically invalided/boarded out and drawing disability pension, being daughter of second appellant Satish Kumar. First appellant attached a certificate stating disability of her father ex J. W. O. Satish Kumar attributable to Air Force Services. THE application was provisionally accepted. However, on a deeper scrutiny, it was detected that the disability of second appellant was not attributable to the Air Force Services and, therefore, his daughter was not entitled to get a medical seat in the Central Government viz; quota for wards of Defence personnels. Thus, the respondents in case of ex J. W. O. Satish Kumar having found that certificate stating the disability attributable to the military service was erroneously issued, re-issued the same on the basis of his medical document stating that disability was aggravated by service. As wards of persons falling in the category "aggravated by service" were not eligible under the Scheme, the candidature of the first appellant was rejected. THE identical four cases of "bronchial Asthma" and two more cases of P-4, disability aggravated by stress and strain, were also rejected.

(3.) ON the other hand, it is submitted by Mr. Vineet Kumar Mathur, learned counsel for the respondents, that recently the Supreme Court in Controller of Defence Accounts vs. S. Balachandran Nair reported in AIR 2005 SC 4391 held that the High Court in exercise of powers of judicial review under Article 226 of the Constitution of India cannot sit on the decision of discharge based on medical opinion to the effect that the disease was not attributable to or aggravated by the military service. The said decision has been followed by the Division Bench of this Court in D. B. Civil Special Appeal (W) No. 254/2006 "union of India vs. Bhoora Ram decided on 24. 05. 2006.