- (1.) This writ petition has been filed by the petitioner claiming a writ of mandamus directing the respondents to admit him in the MBBS Course at Medical College, Rohtak under the reserved category of Socially, Educationally, Economically Weaker Sections (in short. S.E.E.W.S. Category). The facts of the case like in a very narrow compass and may be noticed thus :
(2.) The petitioner applied for admission to MBBS Course under the S.E.E.W.S. category. He appeared in the entrance examination and secured 138 marks out of 300 marks and was placed at No. 1 under this category. In the application submitted to the respondents it was clearly stated by him that he was applying under the S.E.E.W.S. category. The application was not objected to as such and was deemed to have been accepted. The petitioner was issued interview letter Annexure P.1. In pursuance thereof he appeared and on certain deficiencies having been pointed out by the authorities an undertaking Annexure P.2 was given. Even at that time it was not pointed out to him that he did not belong to the reserved category of S.E.E.W.S. At a later stage the petitioner's fee was not accepted by the authorities on the ground that his case has been sent for verification of his property by D.I.G., C.I.D. The case of the petitioner which has not been disputed in so many words that he had been meeting the Principal for getting admission and that he was told that the report of the D.I.G., C.I.D. has not been received. Annexure R.1/1 declining the admission was passed on 22nd September, 1989 after the filing of the writ petition.
(3.) While there is no dispute that the petitioner's father was an Advocate and that his mother is an illiterate lady having studied upto primary classes, the question which arises in the present case is as to whether the petitioner can be declined admission only on the ground that his father was an Advocate who had admittedly died when the application for admission was submitted. In this respect the relevant criteria of the reserved category S.E.E.W.S. can be reproduced for facility of ready reference as under :- "The criteria for determining the eligibility of the candidates for reserved seats under the category of Socially, Educationally, Economically and Weaker Sections of Society will be as follows : i) Children of peasants whose parents do not own more than 6-1/4 acres of irrigated land or twice this amount unirrigated land, provided that such persons do not have any other source of income. An affidavit (Appendix-E) supported by the copy of the latest jamabandi and certificate from the Tehsildar concerned is to be submitted in this case. OR Children of parents whose income from all sources is not more than the total highest emoluments of a Class-IV employee of Haryana Government at the maximum of the pay scale i.e. Rs. 22650/- (Gross) P.A. Candidates have to produce certificate of pay/income of their parents from the employer in case of employees of Government/autonomous bodies/Corporation. In case of others, an affidavit (Appendix-F) supported by a certificate of the Tehsildar concerned should be submitted. ii) Both the father and mother, whose children claiming benefit of above reservation should not have received education upto Matriculation or higher standard. (An affidavit in this behalf of both the father and mother or guardian, if parents are not alive), will be necessary.";