K.N.Shukla, J. - (1.)This order shall also govern the disposal of Miscellaneous Petition No. 1987 of 1983 (Rahelamna George v. State of M. P.) and Miscellaneous Petition No. 2031 of 1983 (A. S. Ravi v. State of M. P.).
(2.)The petitioners in these petitions seek writs of mandamus to consider their cases for admission to Engineering Colleges in the category of Freedom Fighters.
(3.)The State of M. P. has constituted a Board called Vyavsayik Pathyakram Pravesh Pareeksha Mandal (respondent No. 2 hereinafter referred to as the Mandal) for holding entrance tests for admission to various professional courses like Engineering, Medical, etc. Rules for admission have been framed by the Mandal and conditions of eligibility for various categories (have been mentioned. In these petitions, we are concerned with Rule 1.4 (iii) of the Admission Rules. The relevant rule is reproduced below :- FREEDOM FIGHTERS : Some seats shall be reserved for children and grandchildren of Freedom Fighters who are bona fide residents of Madhya Pra-desh, in all courses except in some Regional Engineering Colleges outside M. P. The Board or an office of the Board duly authorised by the Board for the purpose shall determine eligibility of candidates, who can be deemed to be children, grand-children of Freedom Fighters. Explanation:-- By grand-children is meant candidates whose father's father/ mother or mother's father/mother is/was Freedom Fighters. Clauses (i) to (xi) in the Note appended to this Rule lay down the requirements for defining a Freedom Fighter. Explanation 5 to this Rule is relevant and may be reproduced here:-- Explanation 5:-- If any person falls under any of the Clauses (i) to (xi) above and is included in the list of Freedom Fighter in any other State, such person shall be deemed to be a "Freedom Fighter" for the purpose of this provided he is a bona fide resident of Madhya Pradesh. (Emphasis ours)