PRIYARANJAN JENA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition relates to admission of the petitioner to the M.B.B.S. Course pursuant to his appearance in the Joint Entrance Examination, 2008. The petitioner appeared in the said examination under the reserved category meant for children/widows of personnel of Armed/ Para-military Forces, who are native of Orissa. The prayer in the writ petition has been made to quash the order dated 19.6.2008 under Annexure-10 issued by the Industries Department, Government of Orissa to settle the process of admission in respect of Military (M.I.) category for the year 2008-09 on the ground that prioritization is not given in consonance with the provisions in vogue and for any other appropriate relief.

(2.) An Information Brochure for the Joint Entrance Examination, 2008 was published by the Chairman, J.E.E., 2008 for admission of candidates into Engineering/Medical/Dental/MBA/MCA/Hotel Management Courses. In paragraph-2.1.5 of the said brochure, it was mentioned as follows:

(3.) Learned Counsel for the petitioner submitted that Indian Armed Forces is the primary military organization responsible for the territorial security and defence of India. The President of India is the Supreme Commander of the armed forces as enshrined under Article 53 of the Constitution of India, which is subordinate and responsible to the Government of India headed by the Prime Minister. The armed forces are administered by the Ministry of Defence and are comprised of the Indian Army, the Indian Navy and the Indian Air Force. Auxiliary services include the Indian Coast Guard and the Paramilitary forces of India. Since time immemorial, Defence or Military has been etymologically used as "Armed Forces" on different occasions for different purposes. In view of work culture, i.e., hazardous and inhospitable terrain duties in insurgency and counter-insurgency operations, battlefield activities during war/aggression and varied duties during National Calamities, the personnel of the defence services are made to retire/discharge at an early age, which varies from 35 to 57 years depending on rank, where they get much less pension compare to civilian counter-part. Hence, they require a second career as they are young, active and energetic and their responsibilities and obligations are at the peak. Having given the best part of their life for the safety and security of the motherland, it becomes a national obligation to provide necessary facilities for their resettlement. Keeping these in mind, the Central Government as well as Government of Orissa have notified "Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979 and the Orissa Ex-Servicemen (Recruitment to State Civil Services and Posts) Rules, 1985 respectively. The Government of Orissa, Industries Department, vide order No. VII.114/80-20992 dated 19.8.1981, intimated that reservation of seats to the extent of 5% of the total intake capacity of the Engineering College/Engineering Schools/ ITIs/Polytechnics may be made for admission for the sons/wards of the Armed Forces Personnel including Ex-Servicemen/para-military Forces of Orissa, who are permanently disabled or killed in war and hostilities in keeping with the request of Government of India, Ministry of Defence, Kendriya Sainik Board, New Delhi for reservation of seats for the children/ wards of Armed Forces. This has been reiterated vide Government of Orissa, Home Department letter No. Ex-44/83/Poll dated 26.3.1983. The Additional Secretary to the Ministry of Defence, New Delhi vide letter No. D.O. No. 3547/AS(R)/94 dated 3.6.1994 addressed to the Chief Secretaries of all States/U.Ts has recommended standardized prioritization for admission to medical/professional colleges in respect of defence category including wards of Gallantry Award winners, Ex-servicemen and serving personnel of Armed Forces. For better appreciation, the said prioritization depicted is quoted herein below: