R ASHA Vs. UNIVERSITY OF MYSORE

JUDGEMENT

(1.) IN this Petition for a mandamus, the petitioner seeks a direction against the respondent-University for consideration of her claim for admission to MCA Course in the sports category. The controversy arises in the following circumstances:-The 'petitioner has passed her Degree Course in Business management from Maharaja's College at Mysore, which is affiliated to the respondent-University of Mysore. Applications for admission to Masters Course in Computer Application having been invited by the University, the petitioner also applied and appeared in the entrance examination conducted for the purpose. Her claim for consideration in the sports category was however turned down apparently on the ground that the petitioner had not played for the mysore University, which according to the respondents, was an essential requirement for any candidate to qualify of consideration said category. The petitioner has questioned the correctness of the said view in the present proceedings and as noticed earlier prayed for a mandamus for consideration of her claim as a sports person.

(2.) ADMISSION to post graduate Degree/diploma Courses in the respondent-University are regulated by revised Regulations notified in terms of a notification dated 14th of June 1999 for the academic year 1999-2000 onwards. The Regulations are called The University of Mysore Post-graduate Degree/diploma (Entrance Examination and admission) Regulations 1999. Regulation 4. 4. of the said Regulations envisages allocation of seats for certain category of candidates in post graduate Course. These categories include sports, physically handicapped candidates, children of employees of University of mysore Teaching Staff, children of University of Mysore non-teaching staff, children of employees of affiliated Colleges, NCC, NSS and those who are interested in literary and cultural activities. The regulation in so far as the same is relevant for our purposes reads as under:-

(3.) A plain reading of the above would show that the same does not require the candidates concerned to have played for the university of Mysore in order to qualify for consideration in the sports category. All that the Regulation provides is that seats among the sports category candidates shall be allocated on the basis of a weightage criteria to be prescribed by the Director of Physical education. Mr. Rajendra Kumar Counsel appearing for the University, has not produced before me the "weightage criteria" if any prescribed by the Director of Physical Education as contemplated by Regulation