AHIR NIMESHKUMAR BABUBHAI Vs. SOUTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) Rule, service of which is waived by learned advocate Mr D.C.Dave for the respondents. Upon request and considering the urgency, the matter is taken up for final hearing today.

(2.) In substance, the question surfaced, in this petition under Article 226 of the Constitution of India, revolves around, as to whether the Court of Law, and that too, of a Writ Court, exercising powers under Article 226, could be a collaborative or a party to break or make the law, to protect a person, who has failed to get the minimum required marks for eligibility criteria or entitlement for admission in MBA on the ground that the petitioner, a student, who belongs to Other Backward Community (hereinafter referred to as "OBC"), is entitled to be treated at par with the students belonging to Scheduled Caste and Scheduled Tribe for whom the minimum qualifying marks for MBA, is by concession reduced to 45 per cent or not, to which the reply, obviously, and positively ought to be in negative and, instantaneously, against the petitioner, for the reasons the Court would hasten to articulate, hereinbelow.

(3.) A few, skeleton, facts may be highlighted, at first, so as to appreciate the merits and challenge against the petition under Article 226 of the Constitution of India, wherein, the jurisdictional sweep and empowerment of the Writ Court is circumscribed, in a limited, permissible and also self-imposed narrow compass, as the yard-stick or the testing barometer on the anvil of justice is to see whether the impugned action, order or direction of the Authority is illegal, unjust, arbitrary, manifestly perverse, resulting into miscarriage of justice, so on and so forth?