CWP No.15849 of 2008 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.15849 of 2008 Date of Decision: 18 – 09- 2008 Gyan Singh ....Petitioner v. State Counsil of Educational Research ....Respondent & Training, Gurgaon CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.P.L.Verma, Advocate for the petitioner. Mr.Sunil Nehra, AAG, Haryana for the respondent. *** HEMANT GUPTA, J. Petitioner has sought a writ of mandamus directing the respondents not to cancel the admission of the petitioner in Diploma in Education in District Institute of Education and Training, Husainpur. The petitioner is an Ex-serviceman belonging to Backward Class category B. The petitioner applied for admission in two years Diploma in Education. The reservation policy contemplates 3% quota for Physically Handicapped candidates. It further contemplates that due to non- availability of physically handicapped candidates, seat will be offered to Ex- servicemen and their wards. The petitioner appeared for counseling on CWP No.15849 of 2008 [2] 26.8.2008 for the purpose of admission in Diploma in Education. The petitioner was admitted and allotted the seat in District Institute of Education and Training, Husainpur. On the next day, the petitioner was told that his admission has been cancelled but was offered a paid seat. Aggrieved against the said action, the petitioner has filed the present writ petition. In a short reply filed on behalf of the respondent, it has been pointed out that out of total 2810 seats for D.Ed course, 309 seats are reserved for BC-B category, out of which 1% that is 3 seats goes to Ex- servicemen. 0.5% has been given to Ex-Servicemen and 0.5% to the dependents of Ex-servicemen. Therefore, two seats have been given to Ex- servicemen and one to the dependents of Ex-servicemen. Thus, the petitioner cannot be admitted against the reserved seat for Ex-servicemen being lower in merit than two candidates admitted. The relevant clause for reservation reads as under:- RESERVATION Reservation in different categories will be made as per Haryana Govt. instructions issued from time-to-time. However, reservation to different categories will be given as under:- 1. xx xx xx xx 2. xx xx xx xx 3. Physically Handicapped 3% (for orthopaedically (disability not less than 40%) handicapped) Note:- In case the quota reserved for physically handicapped remains unutilized due to non-availability of suitable & eligible handicapped candidates, it will be offered to the ex-servicemen and their wards (1%) and the dependents CWP No.15849 of 2008 [3] of freedom fighters (1%). 4. xx xx xx xx (i) to (iii) xx xx xx (iv) The entitlement of reservation towards ex-servicemen would be available to one dependent child. The candidate belonging to this category should submit a fresh certificate to this effect from Secretary, Soldiers Board of the district they belong to and an affidavit from the father of the candidate to this effect.” A perusal of the above would show that 1% seats were required to be offered to Ex-servicemen. However, as per entitlement, reservation to the Ex-servicemen is restricted to one dependent child. The said clause does not mean that any seat can be reserved for dependents of Ex- servicemen. It only means that if an Ex-serviceman has two dependent child, he can claim reservation only for one. Therefore, the action of the respondents in declining admission to the petitioner as an Ex-serviceman is against the reservation policy published in the prospectus. Consequently, we accept the writ petition and direct the respondents to admit the petitioner against the seat reserved for Ex-servicemen. ( HEMANT GUPTA ) JUDGE ( KANWALJIT SINGH AHLUWALIA ) September 18, 2008 JUDGE RC