J. Navin Kumar vs Additional Director of Medical Education/Secretary, Selection Committee, Director of Medical Education, (Admission to MBBS/BDS Courses 2020-21)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 1144

IN THE HIGH COURT OF JUDICATURE AT MADRAS
B. PUGALENDHI, J.
J. Navin Kumar - Petitioner
Versus
The Additional Director of Medical Education/Secretary, Selection Committee, Director of Medical Education, (Admission to MBBS/BDS Courses 2020-21) & Ors. - Respondents
W.P. No. 17386 of 2020 and W.M.P. No. 21550 of 2020
Decided On : 05-05-2021

Advocates Appeared:
For the Petitioner: Mr. S. Doraisamy.
For the Respondents: Mr. Abdul Saleem, SC, Mr. Srinivasa Murthi, Mr. V.P. Raman.

Headnote:
Army Rule 13 3 III (iii) - NEET examination - Admission – eligibility/ disability certificate - Service pension - Counseling for children of ex-servicemen was conducted by and first respondent considered petitioner under category of Priority-VI instead of Priority-IV though the petitioner has enclosed Priority Certificate issued by Competent Authority that he is eligible under Priority-IV category - By treating this petitioner under Priority-VI petitioner was not allotted a seat for medical course and therefore petitioner filed this Writ Petition for a writ of mandamus directing first respondent to rectify rank list under special category of children of ex-servicemen MBBS and change the category of priority of petitioner from Priority-VI to Priority-IV and select petitioner for admission to MBBS Course - Held, Personnel of the Army Postal Service who are part of Regular Army and retired from Army Postal Service without reversion to their parent service with pension or are released from Army Postal service on medical grounds attributable to or aggravated by military service or circumstance beyond their control and awarded medical or other disability pension - Short Service Commissioned Officers released from service after completing initial terms of engagement otherwise than by way of dismissal or discharge on account of misconduct or inefficiency and have been given gratuity shall be eligible to status of Ex-servicemen - DOP&T office Memo and published in Gazette of India - petitioner has been discharged at his own request under Army Rule 13 3 IV before fulfilling terms of engagement and therefore petitioner cannot be treated under category of Priority IV - Writ Petition is dismissed.

ORDER :

The petitioner is a son of a Military Officer and he appeared for NEET examination on 13.09.2020 and secured 303 out of 720 marks. The petitioner applied for admission to MBBS course on 05.11.2020 under special reservation category of Ex-servicemen. The petitioner obtained an eligibility certificate from the Department of Ex-Servicemen's Welfare, Salem, under Priority-IV category and also enclosed the same along with his application.

2. The counseling for the children of ex-servicemen was conducted on 21.11.2020 by the first respondent and the first respondent considered the petitioner under the category of Priority-VI instead of Priority-IV though the petitioner has enclosed Priority Certificate issued by the Competent Authority that he is eligible under Priority-IV category. By treating this petitioner under Priority-VI, the petitioner was not allotted a seat for the medical course and therefore the petitioner filed this Writ Petition for a writ of mandamus directing the first respondent to rectify the rank list dated 21.11.2020 under the special category of children of ex-servicemen MBBS 2020-21 and change the category of priority of the petitioner from Priority-VI to Priority-IV and select the petitioner for the admission to MBBS Course 2020-21.

3. Mr. Doraisamy, learned counsel for the petitioner submits that the petitioner's father Mr. M. Jaikumar has joined the Indian Army on 23.04.1994 as Infantry Soldier and served for a period of 15 years till 31.08.2009. He was discharged from service on 31.08.2009 at his own request with service pension vide Pension Payment order dated 26.08.2009 and he was discharged on 'aggravated by military service' and the degree of disablement was considered as 20%.

4. The learned counsel for the petitioner has also relied on the disability certificate issued in favour of the father of the petitioner M. Jaikumar, which reads as follows;

“2. The competent authority, after examining the case in the light of relevant rules and administrative/medical provisions has decided that the disability “GENERALISED SEIZURE” from which the above named individual was found suffering at the time of Release Medical Board should be regarded as aggravated by military service with the degree of disablement at 20% with effect from 01 Sep 2009 for life.

3. The individual was discharged from service at his own request with effect from 31 Aug 2009 under Army Rule 13-3-III(iv) before fulfilling the terms of engagement. He is therefore, entitled to disability element @ 20% with effect from 01 Sep 2009 for life in accordance with Government of India letter No.16(5)/2008/D(Pen/Policy) dated 29 Sep 2009.”

5. This Court sum-motu impleaded the Kendriya Sainik Board, Ministry of Defence, West Block – IV, Wing VII, R.K. Puram, New Delhi – 110 066 as a respondent to this Writ Petition by order dated 01.12.2021. Mr. K. Srinivasa Murthi, learned Central Government Standing Counsel appearing for the second respondent has also taken notice for the fourth respondent and filed counter affidavit by enclosing standard operative procedure dated 01.07.2020 on the eligibility criteria for priority and would submit that the petitioner father who joined in Army on 23.04.1994 discharged from service on 31.08.2009 after completion of 15 years at his own request and not on the medical reason and therefore as per the Standard Operative Procedure for interse priority issued by Kendriya Sainik Board, the petitioner is eligible only under the Priority-VI and not under the Priority-IV.

6. The Kendriya Sainik Board, the Apex Board of Government of India responsible for implementing Government Policies for welfare Ex-servicemen, disabled has issued a Standard Operative Procedure for interse priority for reservation/preference to the wards of Armed Forces for admission to Medical/Professional and non professional courses to distribute the allotted quota among eligible candidates in the best possible way. As per the said Standard Operative Procedure,

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