S BALACHANDRAN Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) THE counsel for the petitioner seeks permission to hand over rejoinder to the counter affidavit of the respondent no.1 University in the Court. Even though there is no justification for the same, time having been taken on 6 th December, 2010 to file the rejoinder, in the interest of justice, the same is allowed and the rejoinder is taken on record.

(2.) THE petitioner claiming to be belonging to Other Backward Castes (OBC) category had applied for admission to the respondent no.1 University in M.A (Economics) course and had appeared for an entrance examination for the same. Upon the petitioner being not admitted, the petitioner first filed a writ petition in the High Court of Madras. THE respondent no.1 University filed a counter affidavit in the High Court of Madras where it was stated that the petitioner did not qualify for admission as he had secured only 5.5 marks out of 100 in M.A. (Economics) paper and 6 marks out of 100 in M.A. (Economics with specialization in world economy). It was further stated that for OBC candidates to be eligible for admission, the minimum eligibility was at least 27 marks out of 100 and the petitioner was thus in any case not entitled to admission. THE respondent no.1 University in the said counter affidavit filed in the High Court of Madras also contested the territorial jurisdiction of that High Court.

(3.) THE counsel for the petitioner has today argued that the respondent no.1 University was not entitled to lay down the minimum eligibility and the same could have been done only by the University Grants Commission (UGC). It is stated that thus the respondent no.1 University could not have denied admission to the petitioner for the reason of the petitioner in the entrance test securing lesser marks than the eligibility fixed by the respondent no.1 University for OBC candidates. THE counsel for the respondent no.1 University has contended that no such ground has been taken in the writ petition.