J.V. Gupta, J. - (1.) The petitioner filed this petition for mandamus directing the respondents to allow her to continue her studies in M.Sc. (Extension Education) in the Home Science College, where she was duly admitted against the seat reserved for the children of Ex-servicemen and she has already passed the first trimester and has also been admitted to the second trimester. She also prayed that the respondents be restrained from cancelling her admission.
(2.) At the time of motion of hearing on 27.11.1986 the petitioner was permitted to join the next trimester at her own risk. The ex-parte order was allowed to continue after hearing both the parties vide order dated 21.1.1987. It is now admitted that meanwhile the petitioner has completed her two years' course and has also appeared in the final examination. Only her result is to be declared by the University.
(3.) The learned counsel for the petitioner submitted that the father of the petitioner had served in the Corps of Artillery in the Territorial Army and he was also a gallantry award winner. That being so, in view of the letter Annexure P.2 dated 17.6.1986 the petitioner was entitled to all the benefits available to the ex-servicemen and to their families. The learned counsel has also filed a copy of the letter dated 19.10.1982 Annexure P.4 written to the Chief of the Army Staff by the Government of India, Ministry of Defence, informing that the sanction of the President has been given to the categories mentioned therein of the Territorial Army personnel being treated as Ex-servicemen. One of the categories given therein is that of "gallantry award winners". Thus, on the strength of these two letters she claimed admission, being the daughter of an ex-serviceman and she continued her studies when the Haryana Agricultural University cancelled her admission vide office order dated 22.11.1986 (copy Annexure R.2 with the written statement). It was stated therein:- "Provisional admission of Miss Poonam Phogat D/O Shri Ran Singh against Ex-servicemen quota made vide Admission Order No. II dated 18th July, 1986 is hereby cancelled as no benefit by the Territorial Army Service can be given as per clarification by the Chief Secretary, Government of Haryana, Chandigarh.";