P&H HC Quashes State's Cancellation Of Medical Student's Admission Through Freedom Fighter Quota, Says Rules Of Game Cannot Be Changed Midway

The Punjab & Haryana High Court quashed an order of a Punjab State University whereby admission granted to a medical student under the freedom fighter quota was cancelled despite clear reservation criteria given under the prospectus.

Chief Justice Sheel Nagu and Justice Sumeet Goel said, "The doctrine proscribing change of rules midway through the game or after the game is played, is predicated on the rule against arbitrariness enshrined in Article 14 of the Constitution. Article 16 is only an instance of the application of the concept of equality enshrined in Article 14. In other words, Article 14 is the genus while Article 16 is a species. Article 16 gives effect to the concept of equality in all matters relating to the public employment. These two articles strike at arbitrariness in State action and ensure fairness and equality of treatment."

Speaking for the bench, Justice Sumeet Goel rejected the contention of the Punjab Government which was based on a 1995 communication to reject the admission and contrary to the condition for reservation given in the prospectus of the university.

Justice Goel said, "Rules of Game” must not be changed once the game has begun, during the course of game or after the game has been played. Such course of action is impermissible in law. Ergo, the plea raised by State of Punjab that reservation criteria/condition as contained in the Prospectus in question is circumscribed by the letter/communication dated 14.09.1995 is misfounded and, hence, calls for rejection."

Background

These observations were made while hearing the plea of Samaveer Singh whose admission under the Freedom Fighter category for the MBBS course at Baba Farid University of Health Sciences was cancelled.

Despite clear directives given in the prospectus the admission of the petitioner was cancelled, on the basis of a letter dated 14.09.1995 which stated that children adopted by a freedom fighter shall be accorded the benefit only if such freedom fighter did not have any biological child and in the present case the grandfather of the petitioner had adopted his father while already having daughters.

Senior counsel for the petitioner iterated that the documents of the petitioner, including the certificate endorsing him as the grandson of a freedom fighter, were duly uploaded on the online portal during the counselling process.  

The reliance placed on the letter dated 14.09.1995 by the authority is erroneous as these instructions are prospective in nature and do not apply to the petitioner, whose father was certified as the son of a freedom fighter, in the year 1991, he added.

After hearing the submissions, the Court noted that Clause 15(ix) as contained in the Prospectus encapsulating reservation for children/grandchildren of freedom fighters is drafted in clear and unequivocal terms.

"It explicitly provides for 1% reservation in favour of children/grandchildren of freedom fighters, without drawing any distinction between adopted and biological children/grandchildren," it added.

The bench further said that the language of the Clause in the university prospectus is unambiguous and leaves no room for interpretative deviation, ensuring that the benefit of reservation is equally extended to all the eligible children/grandchildren of freedom fighters, irrespective of their biological status.

Observing that the petitioner was not at fault and pursuing his legal right expeditiously and diligently, the Court quashed the order whereby his admission was cancelled.

The Court also directed the Punjab Government to pay costs of Rs.50,000 to the petitioner and imposed an exemplary cost of Rs. 1 lakh on the State authorities who cancelled the admission.

Mr. D.S. Patwalia, Senior Advocate with Mr. A.S. Chadha, Advocate for the petitioner.

Mr. Anurag Chopra, Additional Advocate General, Punjab.

Mr. Nitin Kaushal, Advocate (through V.C.) with Mr. Sahil, Advocate for respondent No.2.

 Title: Samarveer Singh v. State of Punjab and others

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