Reservation is available for freedom figthters grand daughter as the high court has quashed the notifications of the state government to discriminate the daughters from married to married sons
Reservation for freedom fighter married granddaughter, same covered under dependent
My Grandfather is Freedom fighter till unmarried status of mine i am elegiable for benifit of Reservation for freedom fighter, nom i'm got married so please let me know for my current status married granddaughter covered under defination of dependent of freedom fighter? I am still get benefit of Reservation of freedom fighter dependent. Kindly acknowledge me Rule Copy also on email.
Asked 4 years ago in Civil Law
9 Answers
there are many judgements in this case in case of Km. Priyanka Agrawal vs Director General, Medical ... on 2 December, 1999 the unbreakable High Court has upheld that the dependent unmarried daughter of son can avail the facility but in your case as you are married this speciality is not available for you
1)
The Supreme Court in D. N. Chan-chaia v. State of Mysore, AIR 1971 SC 1762 in para 43 made the following observations :
"In our view it is not unreasonable to extend that principle to the children of political sufferers who in consequence of their participation in the emancipation struggle became unsettled in life; in some cases economically ruined, and were, therefore, not in a position to make available to their children that class of education which would place them in fair competition with the children of those who did not suffer from that disadvantage."
Obviously, the Supreme Court had in mind only such children and grand-children of political sufferers who could not, for the reasons mentioned therein, get the class of education which could place them in fair competition with the children of other persons who did not suffer such disadvantage
2) in MP benefit is given to grandchildren too . It is immaterial whether you are married or not
4)
Rule 1.4 (iii) of the Admission Rules. The relevant rule is reproduced below :--
FREEDOM FIGHTERS :
Some seats shall be reserved for children and grand-children of Freedom Fighters who are bona fide residents of Madhya Pra-desh, in all courses except in some Regional Engineering Colleges outside M. P. The Board or an office of the Board duly authorised by the Board for the purpose shall determine eligibility of candidates, who can be deemed to be children, grand-children of Freedom Fighters.
5)
KU. MADHU MITTAL V. STATE OF MADHYA PRADESH AND ORS.
Madhya Pradesh High Court held that benefit can be given to grand children if grand father was bona fide resident of state of MP
Dear Client,
Both married as well as unmarried granddaughter are eligible. Earlier it was grand daughter of son and not included grand daughter of freedom fighter daughter`s. But now this discrepancy is removed. Your are eligible.
No.
there was no post reserved for the children and grand children of freedom fighters.
Yes married daughter covered under definition of dependant of freedom Fighter.
So yes you will get benefit of reservation of freedom fighter definition.
There are many judgements available on this topic and one of this is
https://indiankanoon.org/doc/27309404/?type=print
Allahabad High Court
Smt. Vimla Srivastava vs State Of U.P. And Another on 4 December, 2015
Bench: Dhananjaya Yeshwant Chandrachud, Chief Justice, Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD Chief Justice's Court AFR Case :- WRIT - C No. - 60881 of 2015 Petitioner :- Smt. Vimla Srivastava Respondent :- State Of U.P. And
Another Counsel for Petitioner :- Santosh Kumar Srivastava,Nitin Kumar Rai,Pavan Kumar Singh Counsel for Respondent :- C.S.C. WITH
Case :- WRIT - C No. - 14853 of 2015
Petitioner :- Smt. Deepti Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- B. Narayan Singh Counsel for Respondent :- C.S.C. WITH
Case :- WRIT - C No. - 20204 of 2015 Petitioner :- Smt. Priyanka Srivastava Respondent :- State Of U.P. & Another Counsel for Petitioner :- Jeevan Jee Srivastava Counsel for Respondent :- C.S.C.
In which a clear definition of family is given in which married daughters are also included.
The benefits applicable to the freedom fighter will be restricted to his own legal heirs and not beyond that to the other generation.
The granddaughter cannot be a dependent on the grandfather especially when her own father is alive or mother or brothers are alive, moreover you are married hence you are dependent on your husband only and not on your parents too.
- As per the information mentioned in the present query, makes it clear that yes you fall under the same benefit accruing out of the scheme.
- Now, the only question that need consideration is the eligibility of married one in the same scheme.
- By going through the scheme and a judgment of the Hon’ble HC, it can’t be said that the grand children of the freedom fighter can be denied right after their marriage.