B D Sharma University Of Health Sciences Rohtak Through Its Registrar v. Shailesh Rathee And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Letters Patent Appeal No.2432 of 2016 (O&M) Date of Decision: December 17, 2016 Pt.B.D.Sharma University of Health Sciences, Rohtak ......Appellant versus Shailesh Rathee and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.Anurag Goyal, Advocate, for the appellant. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) The instant letters patent appeal assails the order dated 09.11.2016 vide which learned Single Judge had held the first respondent eligible for admission in MBBS Course against Category II of Non-Resident Indian (NRI) seats. The issue that arose for consideration of the learned Single Judge was whether it was obligated on respondent No.1 to produce original passport of his father to prove his eligibility against NRI seat or whether other documents relied upon by him were sufficient to substantiate such claim?

Learned Single Judge on interpretation of relevant clause in the information brochure has held and rightly so that there was no requirement of producing original passport as the other documents produced by the first respondent were sufficient for the "proof of NRI status". We have independently gone through those documents which Mohinder Kumar Kamboj 2017.01.10 11:53 I attest to the accuracy and integrity of this document Chandigarh

LPA No.2432 of 2016 (O&M) [2] include the Income Tax report, Bank Statement and certificate of employment and are satisfied with the explanation given by the first respondent that his father was at high seas at the relevant time and was not in a position to give or produce the original passport, for which otherwise there was no requirement to be proved.

No case to interfere with the order under appeal is made out. Dismissed.

[SURYA KANT] JUDGE December 17, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2017.01.10 11:53 I attest to the accuracy and integrity of this document Chandigarh