LexNISHANT PURI versus STATE OF HIMACHAL PRADESH AND ORS.
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NISHANT PURI
A
v.
STATE OF HIMACHAL PRADESH AND ORS.
DECEMBER 2, 1998
[K. VENKATASWAMI AND M. JAGANNADHA RAO, JJ.]
B
Medical admission-Himachal Pradesh University-prospectus-Clause
Ill-Eligibility of admission-Bona fide residents of Himachal Pradesfr-
Rt!quirement of passing two examinations from schools situated in Himachal
Pradeslr-Exemption to wards of serving Central Government Employees- C
Appellant's mother a Himachal Pardesh State Government employee-At her
own request sent on deputation to work with Chandigarh Education
Department-Appel/ant's application for combined entrance test for MB.B.S.
admission-Rejection of-Writ-High Court held exemption under clause III
~
was not available to appellant because his mother was only a State D
Government employee working on deputation with the Central Government
and she cannot be considered to be a Central Government emp/oyee-
Appeal preferred before Supreme Court-Held, purpose behind clause (iii)
is that bona fide Himachali Students should be given preference over others-
Object is to protect those students whose parents were obliged to move out
of Himachal State on account of exigencies of service, by reason of which the E
children also moved out of State-Mother of the Appellant went on deputation
of her own volition and not out of compulsion or exigencies of service-It
cannot be said that she is a Central Government employee as contemplated
in Clause (iii) of the eligibility clause-High Court was right in dismissing
the writ petition of the appellant.
F
Meenakshi Malik v. University of Delhi and Ors., [1989) 3 SCC 112,
distinguished.
Anand Madaan v. State of Haryana and Ors., 11995) 2 SCC 135, relied
OIL
CIVIL APPELLATE JURISDICTION ; Civil Appeal No. 6037 of
1998.
From the Judgment and Order dated 4.9.97 of the Himachal Pradesh
G
High Court in C.W.P.No. 305of1997.
H
271
272
SUPREME COURT REPORTS (1998] SUPP. 3 S.C.R.
A
J.D. Jain, M.R. Vig and Balbir Singh Gupta for the Appellant.
B
c
A.V. Palli, Atul Sharma and Ms. Rekha Palli for the Respondent in
No.3.
Himinder Lal for the Respondent in No. 4.
Naresh K. Sharma for the Respondent No. I.
The following Order of the Court was delivered :
Special leave granted
Heard counsel for the parties.
The short question that arises for consideration in this appeal is whether
a State Government employee lent on deputation (at the request of the State
Government employee on health ground) to a department of the Central
D Government can be C!Jnsidered as a 'serving Central Government employee"
within the meaning of the eligibility .clause as provided by Himachal Pradesh
University in a combined prospectus for admission for M.B.B.S./B.D.S/B.A.M.S
courses.
E
The relevant clauses in the Prospectus read as follows :-
"Definition of bona fide residents of Himachal Pradesh"
A bona fide Himachali is a person who has permanent home in
Himachal Pradesh and includes a person who has been residing in
Himachal Pradesh for a period not less than 15 years or a person who
p
has permanent home in Himachal Pradesh but on account of his
occupation he is living outside Himachal Pradesh."
G
H
Eligibility -"
(i) Candidates who have to compete for admission to Indira Gandhi
Medical College. Shimla (M.B.B.S), Dr. Rajendra Prasad Govt. Medical
· College Kangra, Himachal Pradesh Government Dental College and
Hospital Shimla (B.D.S.). OR Free seats available in various Private
Dental Colleges and Medical Colleges situated in Himachal Pradesh
and Rajiv Gandhi Government Ayurvedic College, Paprola should
have passed atleast two of the following examinations from the
recognised Schools or Colleges affiliated to ICSE/CBSE and HP Board
-
NISHANT PURI v. ST A TE
273
of School Education or equivalent Boards/University established by A
law in India.
(a) Middle or Equivalent.
(b) Matric or Equivalent.
(c) 10+2 or Equivalent.
B
{ii) The bona fide Himachali students who are admitted to Navodaya
Schools situated in Himachal Pradesh and who pass Matric or +2
examination under the exchange programme from other Navodaya
Schools in the Country shall also be eligible for admission to the C
above courses.
(iii) The Wards of Defence personnels/serving Central Government
employees who are bona fide Himachalis are also exempted from the
condition of passing two classes from the State of Himachal Pradesh."
Stated briefly, the relevant facts of the case are as under.
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