CWP No.10371 of 2009 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 19.08.2009 Micky Samyal Vs. State of Punjab and and another. CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr.Vipin Mahajan, Advocate, for the petitioner. Mr.PC Goyal, Addl.AG, Punjab, for respondent No.1. Mr.Anupam Gupta, Advocate, with Ms.Pooja Bishnoi, Advocate, for respondent No.2. -- PERMOD KOHLI, J. (Oral) Respondent No.2 issued prospectus for taking Entrance Test for admission to MBBS/BDS/BAMS/BHMS courses for 85 per cent seats for the students who have passed qualifying examination from any of the Institutions in the States of Punjab and 15 per cent seats for the students belonging to other states in the country. Clause 4 C (iv) of the prospectus also provided exemption in respect to categories of children/wards/dependents, who belong to State of Punjab, but have passed qualifying examination from the Institutions out side the State of Punjab. This exemption is permissible under notification dated 31.03.2008. The petitioner claims exemption under Clause 4 C (iv) of the prospectus, which reads as under:- “ iv) Children/wards/dependents (whose parents are not alive) of those military/para military CWP No.10371 of 2009 : 2 : forces personnel who were born in the territory of Punjab as per their service record at the time of entry into service. It is the case of the petitioner that the father of the petitioner is serving in the office of the Defence Estate Officer, Jammu Cantt, where he was posted in September, 2006 and on account of the posting of the father of the petitioner in J & K, the petitioner passed ten plus two examination from M.H.S. DAV Senior Secondary School, Kathua, in the State of J & K. The petitioner accordingly, while making application for Entrance Test and admission to the aforementioned professional course claimed consideration under three different categories, namely, SC reservation Code No.12, Backward Area Code No.15 and Border Area Code No.16. The petitioner got 49 rank in the SC category. Similarly, his rank in the Backward Area was 70 and under Border Area category, his rank was 43. The claim of the petitioner under the reserved category has not been considered by the respondents. The petitioner has, accordingly, filed this petition seeking a direction for his consideration in reserved category of SC on the basis of residence of the petitioner's father in the State of Punjab and birth in the territory of Punjab at the time of his father's entry into service. Notification also provided for the issuance of certificate from the competent authority for grant of exemption. The petitioner has placed on record such certificate issued by the competent authority which is attached as Annexure P-11 in the prescribed form No.5 dated 12.06.2009 issued by the Defence Estates Officer, Jammu Circle, wherein it is certified that the father of the petitioner is a regular employee of Indian Defence Service and belonging to Punjab CWP No.10371 of 2009 : 3 : State as per his service record at the time of entry into service and his home address given is V.P.O. Bamial,Tehsil Pathankot, District Gurdaspur, Punjab. It is also certified that petitioner Micky Samyal is the daughter of Ashok Kumar. This certificate has been issued on the basis of the proforma prescribed for this purpose. The relevant proforma is appended as Annexure P-3 with the aforementioned notification. The grievance of the petitioner is that despite completion of all the formalities, her entitlement for exemption from passing qualifying examination from the State of Punjab has not been considered in the reserved categories particularly SC. The respondent-State in the reply has, however, opposed the claim of the petitioner on the ground that the petitioner does not fall in any of the specified categories. I have heard the learned counsel for the parties at length and perused the exemption clause. The case of the petitioner clearly and specifically falls under category 4 C (iv) of the notification dated 31.03.2008. The fact that the petitioner falls under this category has also been authenticated by Certificate Annexure P-11 issued by the competent authority. In view of the above circumstances, the claim of the petitioner for consideration for admission to MBBS/BDS and other related professional courses cannot be denied. For the reasons recorded above, present petition is disposed of with a direction to the respondents to consider the petitioner for admission to MBBS/BDS and other related professional courses under reserved category of SC on the basis of the merit achieved in the Entrance Test and the counselling. If the petitioner has not participated in the counseling, she CWP No.10371 of 2009 : 4 : may be permitted to participate in the counselling and be considered for admission on the basis of the merit in the Entrance Test and counselling and be admitted to the concerned course accordingly. Copy dasti. 19.08.2009 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter. NO