AMAN DEEP SINGH CHOPRA Vs. DELHI UNIVERSITY

JUDGEMENT

(1.) Faculty of Management Studies, University of Delhi, issued an advertisement in The Hindustan Times calling for applications for M.B.A. (Full-Time) Programmes begining from July 1992. Candidates who had degree in Arts, Commerce or Social Science, Science., Maths, Statistics or Operations Research, Medicine or Engg. & Technology with minimum percentage of marks given in the said advertisement as per details below were eligble to apply. <FRM>JUDGEMENT_238_ILR(DEL)1_1993Html1.htm</FRM>

(2.) The advertisement indicates that 22.5% seats are reserved for Scheduled Caste & Scheduled Tribe candidates and 5% seats are reserved for children /widows of armed personnel killed 'disabled in action during the hostilities. A further 5% concession of marks was allowed to the above categories of candidates for the purpose of determining their eligibility. All the eligible candidates who applied pursuant to the advertisement were required to appear in the admission test in the first instance and thereafter if successful they were to be called for interview. The petitioner spplied for admission to the M.B.A. course and vide letter dated 28-10-1991 sought educational concession provided by the University of Delhi in the reserved quota of wards of armed personnel disabled in action. He enclosed the Battle Casualy Certificate of his father. Respondent no. 2 required the petitioner to appear for the written test which was-held on 19-1-1992 at 2 P.M. and the petitioner was allotted Test Roll No, 7176. The petitioner appeared in the admission .test alongwith other eligible candidates and thereafter the respondents published a list declaring the result of the admission test. The petitioner approached the office of respondent no. 2 when he was informed that he was the only person who had applied against 5% quota reserved for children /widows of armed personnel killed/disabled in action during the hostilities. However the petitioner was not called for interview. He, therefore, made a representation to the respondents and in response to that representation, the petitioner was informed that 'only 5%- relaxation in the eligibility was available to the petitioner and even after giving him 5% relaxation he did not become eligible to get admission and, therefore, he was not called for the interview. The petitioner feeling aggrieved by the refusal of the respondents to give admission to the M.B.A. course has filed the present writ petition under Article 226 of the Constitution of India.

(3.) It was submitted by the learned counsel for the petitioner that the petitioner was entitled to bs considered in the '5% reserved quota for the children \ widows of armed personnel killed^ disabled in action during the hostilities and the refusal of admission by the respondents, though he was the only candidate in the reserved category, was unjustified. It was submitted that according to the Delhi University Rules the respondent was required to prepare separate merit list of the result of the written test/ screening test for each reserved category and the method of applying the reservation adopted by the respondents was contrary to the said rules. It was further submitted that 5% relaxation in the eligibility .criteria was over and above the concession of reserved scats and thus the petitioner was entitled to admission in the 5% reserved quota.