The priority allocation for reserved defence seats in medical/dental colleges is based on the nature and extent of sacrifice made by soldiers, and is justifiable and reasonable.

Ranjit Singh, J.

1. The petitioner, a daughter of Ex-serviceman, has filed this writ petition seeking quashing of the advertisement dated 01.05.2010 to the extent it denies reservation of seats to children of those Armed Forces personnel who are disabled and boarded out of service with the disability which is aggravated due to military service.n Prayer is for issuing a writ of mandamus to consider her claim for admission in the reserved category in medical and other colleges.

2. The father of the petitioner was boarded out of Army service due to Low Backache PIVD-L5S1 V-A7 with 20% disability for life and the same was held aggravated by military service by the Board constituted at that time.

3. The petitioner has filed an application for being considered in the reserved category of daughter of ex serviceman in medical/dental colleges as a nominee under the Ministry of Defence quota. The grievance of the petitioner is that her name has not been taken into consideration in the said quota because of the priority fixed by the respondent/Union of India.

4. The policy regulating the consideration of the candidate in the reserved defence seats in medical/dental college has been annexed as Annexure P-l. The perusal of Annexure P-l would show that the applications are invited on a prescribed form for admission to Medical colleges and dental colleges, which are subject to allotment by Ministry of Health from the sons/daughters/widows of Armed Forces personnel. There are a pproximately 25 to 29 seats in Medical college and one seat in Dental college reserved for allotment in this special column. As per Annexure P-1, the defence personnel are to be given seat as per the priority which is fixed as under:-

S.No. Category Priority (a) Killed in action 1 (b) Disabled in action and boarded out from service with disability attributable to Military service 2 (c) Died while in service with death attributable to Military Service 3 (d) Disabled in service and boarded out with disability attributable to Military service 4 (e) Award Gallantry Award/Distinguished.Service winners (does not include Service Medals) 5

5 Thus, those killed in action would be given first priority and disabled in action and boarded out from service with disability attributable to military service have been given second priority. Those who died while in service with death attributable to military service are given third priority. Fourth and fifth priority is given to those who are disabled in service and boarded out with disability attributable to Military service and Gallantry Award/Distinguished Service Award winners respectively.

6. The petitioner would submit that she is also a daughter of soldier, who is disabled in service and is boarded out with disability but has not been assigned any priority for consideration on the ground that her father was boarded out of service with disability which was held aggravated due to military service as priority is assigned only to those who are boarded out with disability which is held attributable to military service. As per the counsel, subclassification of the candidates on the ground of disability being attributed or aggravated would be unfair and bad on that count and hence has challenged this action through present writ petition for directing the respondents to consider her claim against priority No. 4 at par with those who are wards of those boarded out with disability attributed to military service.

7. Notice was issued but no written statement was filed despite repeated adjournments. Ultimately, the Court had to issue directions for personal appearance of the respondents and even had put them to notice for initiating contempt proceedings. It then revealed that there was some communication gap and as such there was delay in filing response to the writ petition. Written statement has now been filed and has been taken on record through separate order.

8. As per the respondents, the case of making provision for reservation