CWP No.7264 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.7264 of 2008 DATE OF DECISION: May 5, 2008 CHARANJEET ATWAL ...PETITIONER VERSUS BABA FARID UNIVERSITY & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. M.K. DOGRA, ADVOCATE FOR THE PETITIONER. MR. T.S. DHINDSA, ADVOCATE FOR THE RESPONDENTS. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed for admission to the Post Graduate Course in Medical Colleges in the category of 'Ward of NRI'. Her application has been rejected by the respondents vide order dated 23.4.2008 (Annexure P-2) on the ground that the petitioner is admittedly 39 years of age and is married to a person who is permanently a citizen of India and has children. Counsel for the petitioner submits that the fact that the petitioner is 39 years of age and is married to a citizen of India does not debar the petitioner from claiming admission in the Medical Colleges under the Ward of NRI Quota, specially when her parents are Non Resident Indians and are willing to sponsor her candidature. Notice was issued. Mr. T.S. Dhindsa, Advocate counsel for the University has referred to the definition of 'Ward' and according to learned counsel as the case of the petitioner is not covered by the definition of the CWP No.7264 of 2008 -2- word 'Ward', hence she is not entitled to any admission. It is contended that the petitioner is not entitled for admission as she is not dependent or under the protection and control of her parents. The word 'Ward' has been defined in the Law of Laxicon as under:- “A person, who by reason of minority; lunacy or other incapacity is under the protection or control of a guardian.” A perusal of the aforementioned definition clearly shows that only a person who by reason of minority, lunacy or any incapacity would be entitled to claim protection or control of her guardian. In the present case, as the petitioner is married to an Indian Citizen and is not under the guardianship of her parents, therefore, she cannot get admission under 'Ward of NRI' category. The petitioner does not satisfy the criteria of dependents. We find no merit in the writ petition and the same is dismissed. (ASHUTOSH MOHUNTA) JUDGE May 5, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE