BIJUMON Vs. COMMISSIONER FOR ENTRANCE EXAMINATIONS

JUDGEMENT

(1.) In all these three appeals preferred by the respective writ petitioners, the point is common and can be disposed of together.

(2.) In all these three cases, appellants are seeking admission to M.B.B.S. / Engineering courses on the basis of common entrance examination conducted by the Commissioner of Entrance Examinations. Appellants have individually claimed that inasmuch as one of their parents belonged to Scheduled Caste / Scheduled Tribe, they are entitled to be considered towards the quota reserved for Scheduled Castes / Scheduled Tribes irrespective of any other evidence. They strongly rely upon the Prospectus relating to the 'Application for Admission to Medical and" Agricultural Courses, 1993-94'. We are referring to the Note below clause (12) of the said Prospectus which is marked as Ext. P1 in OP. 149581 of 1993 - R out of which W. A. 1514 of 1993 arises. It is not in dispute that there is a similar provision below the corresponding clause of the Prospectus for admission to the Engineering courses. The said note below clause (12) reads as follows:

(3.) The learned single Judge was, therefore, wrong in not giving effect to the above said Note below clause (12) of the Prospectus. In view of the above said Note, the writ appeals are liable to be allowed. The respondents will now proceed to consider the cases of the appellants for admission to the Medical / Engineering Courses under reserved quota for Scheduled Castes / Scheduled Tribes provided their applications are otherwise in conformity with the conditions prescribed in the above said Note. If the other conditions prescribed in the Note are satisfied by the appellants, they shall be considered for admission under the reservation quota for Scheduled Castes / Scheduled Tribes. Of course, if the applications do not conform to the above said Note or the candidates are otherwise not qualified, it will be open to the respondents to reject their cases. Even in regard to cases of candidates falling within the quota as stated above, respondents can consider whether they are otherwise qualified and eligible for being considered depending upon the marks secured in the Entrance Examination.