Reservation for Freedom Fighters : Benefit not available to great grandson of Freedom Fighter

Punjab and Haryana High Court Dismisses Petition in Freedom Fighter Reservation Case Court rules against petitioner for misrepresenting eligibility for reservation as a great grandson of a freedom fighter.

In a significant ruling, the Punjab and Haryana High Court has dismissed the petition filed by Chandandeep Singh, who sought to overturn a show cause notice for termination of his employment. The petitioner, who had been serving as a constable, was accused of misrepresenting his eligibility for reservation under the Freedom Fighter category.

Chandandeep Singh's case centered on his claim to a reserved position based on his lineage as the great grandson of a freedom fighter. However, according to the Standing Order of the recruitment process, such benefits are only extended up to the grandson of a freedom fighter. The court found that the certificate submitted by Singh during the recruitment process was issued in favor of his father, not him, thus constituting a misrepresentation.

The court held that any lapse or negligence by the Screening Committee during the selection process does not absolve the candidate of responsibility for the misrepresentation. Justice Jagmohan Bansal emphasized that sympathy or compassion cannot override the rule of law. The court referenced multiple precedents, including a ruling by the Supreme Court which highlighted that civil benefits obtained under fraudulent circumstances cannot be legitimized simply due to the length of service.

Despite Singh's nine-year tenure without any adverse reports, the court maintained that allowing him to continue would set a negative precedent and potentially encourage others to exploit similar loopholes in the reservation policy. Consequently, the petition was dismissed, although the court specified that no past benefits enjoyed by Singh would be revoked.

Bottom Line:

Candidate claiming reservation under the Freedom Fighter category - Benefit of reservation available only up to grandson of a Freedom Fighter - Submission of an invalid certificate issued in favor of the father instead of the candidate - Misrepresentation found - Lapse on part of Screening Committee cannot legalize the candidate's illegal act.

Statutory provision(s): Constitution of India, 1950 Article 226, Employment Law, Reservation policy

Chandandeep Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2811046