Tejinder Singh vs State of H.P. and Others

Kurian Joseph, C.J.—The Petitioner is aggrieved by Annexures P-11 and P-12. As per the impugned orders, the Petitioner was sought to be discontinued from the JBT Course. The Petitioner has applied under the Ex-Servicemen quota. He passed common entrance test and he was admitted to the course as per Annexure P-3, order dated 31.10.2008. The fee was deposited in November and thereafter the Petitioner started attending the classes. In the meanwhile, the impugned orders were passed holding that the Petitioner being the son of Chowkidar, who retired from the Military Engineering Service, being a civil servant, cannot be granted the status of an Ex-Serviceman. In principle, there cannot be any quarrel to the proposition, but we find that the Petitioner had already been admitted to the course, there is no case that a chance of another person was thus marred by the admission and the steps for discontinuance were taken only in mid-way. Still further we find that by an interim order dated 17.9.2009, the Petitioner was permitted to continue the course also. For all the above reasons, it is only just, proper and equitable that the Petitioner is treated to have been duly admitted and permitted to complete the course. However, we make it clear that this shall not be treated as a precedent. With these observations, the writ petition is disposed of, so also the pending miscellaneous application(s), if any, directing the Respondents to declare the result of the Petitioner.