MEHAR AFROZ QURESHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Vide an Admission Notice, applications on prescribed form were invited for admission in Ph. D. Programme under various faculties during the second semester of Academic Session 2009-10 by the respondent/University. Faculty of Dairy Technology was one of them. There were two seats in the said faculty. It was stated in the admission notice, vide Clause 6, that reservation for the SC, ST & OBC candidates will given as per Chhattisgarh Government Rules, but, it was not disclosed as to how many seats were there for the reserved candidates and in which configuration. The petitioner appeared in the written test on 29/1/2010. She secured 60 marks out of 60, whereas, the minimum qualifying marks were 60% i.e. 36 out of 60. Thus the petitioner was put on the first rank in the merit list issued on 2/2/2010. Thereafter the counseling took place. The petitioner was further awarded 30 marks and she obtained total 90 marks out of 100 and was put on first rank in the faculty of Dairy Technology. It is important to mention this fact that no other candidate has applied for admission in the faculty of Dairy Technology. Therefore, the petitioner was the only candidate to be considered for admission in the said faculty. The petitioner was denied admission because she had offered her candidature as an OBC candidate, and the certificate filed by the petitioner showing her to be belonging to OBC category was not acceptable to the University on certain technical ground and two communications to this effect were issued to the petitioner vide Annexure-P/2.

(2.) The contention of the petitioner is that even if her candidature was not acceptable under OBC category, she would have been considered under general category and if she was eligible in all respects with relation to general category on merits, she should have been given admission.

(3.) Return on behalf of the University has been filed. It has been contended that the certificate produced by the petitioner, showing her to be a candidate of OBC category, was not admissible and the petitioner had applied for admission under OBC category, therefore, the petitioner's candidature cannot be considered for open competition and her candidature was considered as void-ab-initio.