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1992 Supreme(AP) 159
Andhra Pradesh High Court
Judges : A.LAKSHMANA RAO, MOTILAL B.NAIK
Romini Susan Kurian - Appellant
Versus
State OF A.P. - Respondent
Decided On : 03-12-92
The classification between Gallantry Awards and distinguished service/devotion to duty awards is based on intelligible differentia and is not violative of Article 14 of the Constitution of India.
Headnote:
RESERVATION FOR CHILDREN OF EX-SERVICEMEN AND SERVICEMEN - ADMISSION TO MEDICAL COLLEGE - VISHISHT SEVA MEDAL - WHETHER A GALLANTRY AWARD - INTERPRETATION OF ARMY ORDER 59/79 - CLASSIFICATION OF AWARDS INTO GALLANTRY AWARDS AND DISTINGUISHED SERVICE/DEVOTION TO DUTY AWARDS - VALIDITY - ARTICLE 14 OF THE CONSTITUTION OF INDIA.
Fact of the Case:
The petitioner, daughter of an Army Colonel awarded the Vishisht Seva Medal, challenged the University's decision not to consider her as a child of a Gallantry Award winner for admission to a medical college. The prospectus listed Gallantry Awards in the order of preference for admission, but Vishisht Seva Medal was not included. The petitioner argued that Vishisht Seva Medal should be included as it was of higher order than some Gallantry Awards and was awarded for outstanding devotion to duty, sometimes almost amounting to gallantry.
Finding of the Court:
The court held that the University's decision was valid. It found that Army Order 59/79 clearly demarcated Gallantry Awards and distinguished service/devotion to duty awards into two separate categories. The Vishisht Seva Medal fell under the latter category and, therefore, could not be considered a Gallantry Award for the purpose of admission to medical college.
Issues: 1. Whether Vishisht Seva Medal is a Gallantry Award? 2. Whether the classification between Gallantry Awards and meritorious service/devotion to duty awards is based on mini-classification of micro-distinctions which is not envisaged under Art. 14 of the Constitution of India?
Ratio Decidendi: 1. The court interpreted Army Order 59/79, which prescribes the procedure for submission of recommendations for Gallantry and distinguished service Awards, and found that it clearly demarcates the Gallantry Awards and the distinguished service/devotion to duty awards into two separate categories. The Vishisht Seva Medal was listed under the latter category and, therefore, could not be considered a Gallantry Award. 2. The court held that the classification between Gallantry Award winners and distinguished service/devotion to duty award winners was based on intelligible differentia and was not violative of Article 14 of the Constitution of India.
Final Decision: The writ petition was dismissed. The court refused to grant leave to appeal to the Supreme Court.
( 1 ) THE petitioner appeared for the Common Entrance Test for admission to Medical College for the year 1991-92. The common Entrance Test is known as EAMCET-91. Her roll number was 16633. She secured rank No. 6715 in the Entrance Test. The parents of the petitioner are medical officers working in Army Medical Corps. The father of the petitioner is working at present as Senior Advisor, Cardiology at Command Hospital, Northern Command in the State of Jammu and Kashmir. His wife Mrs. S. Kurian is working at Military Hospital, Secunderabad. The father holds the rank of Colonel whereas the mother holds the rank of Lieutenant Colonel. The father of the petitioner was awarded Vishist Seva Medal (VSM) by the President of India for meritorious service of exceptional order for treating civil and military persons in Nagaland during 1966 to 1969. The prospectus issued by the University of Health Sciences for admission into first year M. B. B. S. course for the academic year 1991-92 provides that 4% of the seats shall be reserved for the children of Ex-servicemen and Servicemen belonging to the State of Andhra Pradesh, including those serving in other States and persons who are posted and stationed in the State of Andhra Pradesh on the date of submission of application. The order of preference is as follows:-- (a) Children of Ex-servicemen, Armed personnel and BSF or CRPF or Civil Defence Persons killed in action. (b) Children of Ex-servicemen, Armed personnel and BSF or CRPF personnel disabled in action and who are in receipt of disability pension. (c) Children of Ex-servicemen, Armed personnel and BSF or CRPF personnel who are in receipt of Gallantry Awards. Merit order of Gallantry Awards: 1. Param Vir Chakra 2. Ashok Chakra 3. Mahavir Chakra 4. Kirti Chakra 5. Vir Chakra 6. Shaurya Chakra 7. Sena, Nausena, Vayu Sena Medals 8. Mention in Despatches. Merit order of Gallantry Awards for BSF and CRPF personnel shall be as per rules in force. (d) Children of Ex-servicemen, Armed personnel and BSF or CRPF personnel who have put in 18 years and more of qualified service. (e) Children of Ex-servicemen, Armed personnel and BSF or CRPF personnel who have put in less than 18 years of qualified service. NOTE: Candidates who do not come under any of the categories (a) to (e) under this category shall not be eligible for consideration under this quota. (III) If there is more than one candidate in a particular group in the order of preference indicated above, the selection shall be based on Rank at EAMCET-91. (IV) Candidates seeking admission under this category should submit documentary evidence in support of their claim from competent Defence Authority.
( 2 ) THE father of the petitioner submitted a representation dated 17-8-1991 to the Director, Sainik Welfare, Hyderabad requesting that the Vishisht Seva Medal shall be included in the list of Gallantry Awards mentioned in the prospectus. The Director, Sainik Welfare in turn addressed a letter dated 17-8-1991 to the Principal Secretary to Government of Andhra Pradesh requesting to issue necessary insfructions to the Health University for inclusion of Vishisht Seva Medal in the list of Gallantry Awards mentioned in the prospectus for admission into first year M. B. B. S. course. On the very same day, the Director has written another letter to the Deputy Secretary to Government of Andhra Pradesh, Medical and Health Department stating that as per Appendix c to Army Order 59/79, Vishisht Seva Medal was listed as distinguished service-devotion to duty award and did not fall under the category of Gallantry Awards enumerated in Appendix-3 to that Army Order. Therefore, he requested that his earlier letter for inclusion of Vishisht Seva Medal in the list of Gallantry Awards shall be treated as cancelled. At this stage, this writ petition has been filed seeking appropriate writ directing the University of Health Sciences to include Vishisht Seva Medal as item 7 (a) in paragraph E (i)
