PARAS SAINI Vs. GURUKUL KANGRI VISHWAVIDHYALAYA HARIDWAR

JUDGEMENT

(1.) HEARD Sri B.M. Pingal, Advocate for petitioner, Sri Arvind Vashist, Advocate for respondent Nos. 1 to 3 and Sri A.K. Bansal, Standing Counsel on behalf of respondent No.4. The reasons shown for delay in filing the counter affidavit by State are sufficient. The delay condonation application is allowed. The counter affidavit filed by respondent State is taken on record.

(2.) BY means of this petition the petitioner has sought the following relief: - 1 - To issue a writ, order or direction in the nature of certiorari quashing the order dated 6 -1 -2012 passed by respondent No.3, contained in Annexure No.1 to the writ petition. 2 - To issue a writ, order or direction in the nature of mandamus directing the respondents to restore the admission of the petitioner in B.Sc. Part -I Course and further permit him to pursue the B.Sc. Part -I course.

(3.) BRIEF facts of the case giving rise to the present writ petition, according to the petitioner are that the petitioner is a permanent resident of District Haridwar, who belongs to the Other Backward Caste and his sub -cast is 'Saini and the authority competent has given the OBC certificate to the petitioner on 20 -8 -2011 after making due enquiry. The petitioner applied as OBC candidate against the vacant seat of B.Sc. Part -I (Maths Group) in Gurukul Kangri Vishwadidhyala, Haridwar and he was found to be eligible candidate to be given admission under the OBC category. Pursuant to the selection he got deposited fee before the University. The university vide impugned order dated 6 -1 -2012 cancelled the admission of the petitioner on the ground that vide letter dated 28 -7 -2011, issued by Secretary of National Commission for Backward Classes, wherein it is mentioned that the caste of the petitioner is not yet included in the list of O.B.C. of State of Uttarakhand and it was directed that until suitable notifications are issued by Central Government the list as applicable is State of Uttar Pradesh will apply.