PANKAJ NUNIA Vs. CO-ORDINATOR RPET-2011
LAWS(RAJ)-2012-9-182
HIGH COURT OF RAJASTHAN
Decided on September 26,2012

Pankaj Nunia Appellant
VERSUS
Co-Ordinator Rpet Respondents

JUDGEMENT

- (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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