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2016 Supreme(P&H) 1201
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. SANDHAWALIA, J.
Shireen Hanjra – Petitioner
Versus
State of Punjab & Others – Respondents
CWP No. 20450 of 2015
Decided On : 02-08-2016
For the Petitioner:Mr. Rajesh Lamba, Advocate.
For the Respondents:Ms. Lavanya Paul, AAG, Punjab and Mr. Ashish Rawal, Advocate.
Headnote:
Ex-Serviceman - Admission Dispute - Wards of Ex. Serviceman Category - [Wards of Ex. Serviceman Category] - [Clause 20], [Clause 6 Part-I], [Clause 15], [Clause 16] - The court discussed the provisions of Clause 20, Clause 6 Part-I, Clause 15, and Clause 16 of the Prospectus, highlighting the eligibility criteria for admission and the requirements for furnishing necessary certificates for wards of defence personnel. The court emphasized the importance of being a bona fide resident of Punjab and the significance of the certificates issued by the Army Headquarters and the Tehsildar in establishing eligibility for reservation benefits.
Fact of the Case:
The petitioner, a dependent of an Ex-Serviceman killed in action, sought admission under the Wards of Ex. Serviceman Category. The respondent objected to her eligibility, leading to a court dispute.
Finding of the Court:
The court found that the petitioner fulfilled the eligibility criteria for admission and was entitled to reservation benefits as a bona fide resident of Punjab and a dependent of an Ex-Serviceman killed in action.
Issues: Dispute over the petitioner's eligibility for admission and reservation benefits under the Wards of Ex. Serviceman Category.
Ratio Decidendi: The court emphasized the importance of fulfilling the eligibility criteria, being a bona fide resident of Punjab, and the significance of the certificates issued by the Army Headquarters and the Tehsildar in establishing eligibility for reservation benefits.
Final Decision: The court allowed the writ petition, confirmed the interim order in favor of the petitioner, and permitted her to continue in her course. Respondent No. 3 was directed to pay costs of Rs.20,000/-.
G.S. Sandhawalia, J.
1. Present petition is an unfortunate case where a dependent of Ex-Serviceman, who was killed in action on 19.10.1999 in an encounter in the Operation, namely, OP Rakshak (OP Vijay) and has been recognized as a “Battle Casualty” has to fight for admission and satisfy the authorities that she is entitled for the benefit of reservation under the Wards of Ex. Serviceman Category. The certificate of Battle Casualty, issued by the Army Headquarters reads as under:
“TO WHOM SOEVER IT MAY CONCERN
It is certified that IC-49485X MAJ GURPREET SINGH was granted commission in the Army on 09 Jun 1990 (PRC) and killed on 19 Oct 1999 in an encounter with militants in “OP-VIJAY (OP RAKSHAK).” The death of the officer has been classified as BATTLE CASULTY vide this Headquarters letter No. 12821/47/99/OPR/ORG 3 (D) dated 04 Nov 1999.
As per records maintained at Integrated Headquarter of MoD (Army) details of his family are as under:-
S. No.
Name of family members
Relationship
Date of Birth/Marriage
Authority of DO Part II order
(a)
Mrs. Mandeep Kaur
Wife
25 Dec 1972/25 Feb 1996
30/1997 dated 21 Apr 1997
(b)
Miss Shireen Hanjra
Daughter
11 Sep 1997
07/1998 dated 31 Jan 1998.”
2. It is not disputed that the petitioner had studied her +2 from DAV Public School, Phase 10, Mohali, on the basis of which, she was eligible to apply under Clause 16 of the Prospectus (Annexure P1) for admission in the MBBS course for the academic session 2015. As per the reservation provided under Clause 20 to the defence personnel to the extent of 1%, preference is to be given to the wards of Defence Personnel killed in terrorists action. As per Clause 6 Part-I of the Prospectus, such ward would come under Category 22. The requirements under Category 22 to furnish the necessary certificates is prescribed in the format which is reproduced as under:
“CATEGORIES CODE-22 TO 27
CERTIFICATE TO BE FURNISHED BY WARDS OF DEFENCE PERSONNEL KILLED OR DISABLED TO THE EXTENT OF 50% OR MORE IN ACTION, WARDS OF GALLENTARY AWARDEES AND WARDS OF SERVING DEFENCE PERSONNEL
Certified that Mr./Ms……….Son/Daughter of Sh………..resident of……….is/was father/mother/guardian of Sh./Mrs…………(Name of the candidate) has been/is:
(i) Killed in action.
(ii) disabled in action to the extent of 50% or above & Boarded out of service.
(iii) Died while in service & Death attributed to military service
(iv) Disabled in service & Boarded out with diseasable attributed to military service.
(v) Gallantry award/other award winners both in service/retired.
(vi) Serving Defence Personnel/Ex-serviceman
Date: (Official Seal)
Signature of Commanding Officer
Secretary District Sainik Welfare
Note: The candidates seeking admission against above category should produce a certificate from the Army Headquarters or the Commanding Officer of the Unit in the case of serving defence personnel and Army headquarters or Commanding Officer of the last armed Unit or Secretary Zila Sainik Board countersigned by the Secretary, Rajya Sainik Board as the case may be in the case of Ex-defence personnel. In doubtful cases of Ex-defence personnel, discharge certificate may be asked for.”
3. Petitioner, accordingly, furnished the requisite certificate dated 20.05.2015 (Annexure P3), which was issued by the Army Headquarters. On an objection being raised, the said certificate was also got countersigned by the Secretary of the Zila Sainik Board, Panchkula, which would be clear from photocopy of the said certificate, appended as Annexure P3. An objection was sought to be raised on 15.09.2015 (Annexure P4) that the said certificate did not have the counter signatures of the District Sainik Welfare Officer and the Director, Defence Services, Punjab, Chandigarh. Thereafter, another objection was raised on 21.09.2015 (Annexure P5) to the same effect that
