GAUTAM S. RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) THE essential question to be decided in the above writ petition is, as to the quantum of seats on which the percentage of reservation has to be applied; whether such percentage has to be applied on the total number of seats available in the course or on the number of seats available for admission to the general category and reserved categories; after excluding those seats reserved for cadets of Indian Navy and Sports persons.

(2.) THE specific issue raised here is, with respect to the admission to the B.Tech, Naval Architecture and Ship Building course, in which 40 [forty] seats are available in a selection year. Twelve of the said 40 seats are earmarked for cadets of the Indian Navy and one for the Sports Quota. The University, on the ground of maintaining a balance and also in the teeth of reservation beyond 50% being frowned upon; devised a system by which the 13 seats reserved for cadets of Indian Navy and the Sports Quota were excluded while applying the percentage of reservation. Hence, out of the 40, the percentage of reservation was applied on 27 seats alone. A resolution of the said question would redress the grievance of the petitioner.

(3.) ON facts, it is to be noticed that the petitioner, undisputedly belonging to the category of Scheduled Tribe, applied for Bachelor of Technology graduate course conducted by the respondent -University. Graduate courses are conducted in many disciplines and the petitioner had, by Exhibit P4, intimated five options, the first of which was Naval Architecture and Ship Building; which happens to be the most prestigious and sought after course in the graduate engineering stream of the University. The procedure for selection and the ranking is not relevant in the present case. Suffice it to say that, the petitioner, in general merit, had a rank of 3482, while among the category of Scheduled Tribe, he was placed at the 1st rank; in the rank list for graduate admissions made to the respondent -University, as is evident from Exhibit P5. The petitioner, as per the general merit, was allotted to B.Tech Mechanical Engineering (free seat), which was his 4th option. But, he did not join the same, since he was confident of being admitted to his first choice; he having secured 1st rank among the Scheduled Tribe candidates.