JUDGEMENT
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(1.) THE petitioner sought consideration of his candidature for
admission to the Engineering Course at M.B.M. Engineering
College in EX-S2 category, meant for the dependents of ex-
servicemen and described as:
"EX-S2: Disabled in action and boarded out from service/Died while in service with death attributable to military service/Disabled in service and boarded out with disability attributable to military service."
(2.) IT remains undeniable that the petitioner's father late L/NK Naresh Kumar was serving with the Boarder Security Force ('the
BSF') and died on 17.07.1997 due to drowning in Jhelum river
(Kashmir). The respondents proceeded to reject the petitioner's
candidature for the category in question; and justification for such
rejection is stated essentially in the manner that the certificate as
produced by him did not state that his father died while in
service with the cause of death being attributed to the military
service.
The suggestions on behalf of the respondents appear to be rather of perfunctory approach and wanting in proper
consideration of the facts emerging from the documents
produced by the petitioner. It is specifically stated in the
certificate (Annex.P/6) that :
"It is certified that as per record available in the unit Master Pankaj is real son of No.86076963 Late L/NK Naresh Kumar of this unit who died on 17 July 1997 due to drowning in Jhelum river while on duty. His death is attributed to Govt service."
(3.) THE expression "government service" in the above certificate obviously refers to the services with the BSF; and for
the nature of such services, this Court is clearly of the view that
the petitioner answered to the description of category EX-S2; and
having wrongly been denied admission thereunder, is entitled to
the appropriate relief.;
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