C.W.P. No.10654 of 2009(O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. 1. C.W.P. No.10654 of 2009(O&M) Rajiv Kumar v. State of Punjab and others. 2. C.W.P. No.12171 of 2009(O&M) Hashmeen Kaur v. State of Punjab and others. DATE OF DECISION : 28.4.2011 CORAM : HON'BLE MR.JUSTICE MAHESH GROVER Present:- Shri Arun Bansal, Advocate for the petitioner. Shri Salil Sagar, Additional A.G. Punjab. MAHESH GROVER, J. By this order I am disposing C.W.P. Nos.10654 and 12171 of 2009 as they involve commonalty of facts. The petitioners in these petitions have prayed that there was reservation for the children of terrorist affected victims and 1984 riot victims, but the respondents had resorted to 1% reservation while filling up the seats which has resulted in undue deprival of the benefit to the petitioners in these writ petitions who stood at Sr.Nos.4 and 5 respectively. If the 1% reservation was to be accepted, then the total number of reserved seats for this category of students came C.W.P. No.10654 of 2009(O&M) -2- to 3. But if 2% reservation is given, then the number of seats goes to 5. It is thus, the contention of the petitioners that 2% reservation was wrongly denied to them even though the instructions of the Government contemplated such a reservation. In response to the notice of motion, reply by way of short affidavit has been filed by respondent No.2 wherein in para 2 it has been stated as below :- “2. It is submitted that in terms of policy decision taken by the Department of Revenue, Rehabilitation & Disaster Management, reservation of 2% for the children of terrorists affected and 1984 riot victim families has been provided in the admission of Educational, Technical, Medical and Non- medical Institutions in the State of Punjab, with a rider that in no case total reservation will exceed the prescribed ceiling of 50%. 2. It is further submitted that in view of the fact that the Department of Medical Education was only allowing reservation of 1% in the said category, which was not in accordance with the policy decision taken by this department, a meeting was convened at the level of Chief Secretary, Punjab. In this meeting, it has been decided that the Department of Medical Education has to provide 2% reservation as per the policy of Government of Punjab, circulated by the Department of Revenue, Rehabilitation & Disaster Management. A copy of the proceedings is annexed at Annexure R-1 for kind perusal.” In view of the aforesaid when the respondents have conceded that if the reservation for such categories is pegged to 2%, they have the existing limit of 50%, I am of the opinion that these writ petitions can be disposed of with the C.W.P. No.10654 of 2009(O&M) -3- following direction :- The reservation of 2% be applied subject to embargo which has been stated in the affidavit of respondent No.3 and the logical consequence thereof should flow and if the same means grant of admission to the petitioners, it may be done, subject also, to the condition that their admission to the BDS/MBBS course is not prejudiced in any manner. Petitions stand disposed of. (MAHESH GROVER) April 28, 2011 JUDGE GD WHETHER TO BE REFERRED TO REPORTER? YES/NO