JINOS BASHEER Vs. GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) THIS pro bono publico has been filed for the issuance of a Writ of Mandamus directing the 1st and 2nd respondents to extend the notification of the 2nd respondent issued vide their Circular bearing No.DHTE/ESTT/C4/2008/44 dated 13.11.2008 to 3rd respondent -College.

(2.) THE third respondent -College is governed by the rules and regulations of the Government of Puducherry. The college is offering 11 Under Graduate Courses and 2 Post Graduate Courses. The admission to each course in the 3rd respondent College is made under the strict guidelines of the 2nd respondent. On 13.11.2008 the 2nd respondent had issued a notification vide its Circular No.DHTE/ESTT/C4/2008/44 dated 13.11.2008 informing the College Heads coming under its jurisdiction to review the courses offered by them to improve their working standards. It is further stated that the 2nd respondent had also issued certain directions to the Colleges in respect of filling up of vacant seats meant for the candidates belonging to other States, by collecting double the rate of fees from such students. It is stated that the 2nd respondents intention in issuing the Circular dated 13.11.2008 is to fill up all the seats in every college either through candidates from Puducherry or from other States. The contention of the petitioner is that the 3rd respondent is not giving effect to the Circular dated 13.11.2008 of the 2nd respondent, and the 3rd respondent -College is admitting candidates only from Puducherry, and because of this many seats remain vacant. In the academic year 2008 -2009, only 136 seats got filled out of the sanctioned strength of 285, depriving admission to many deserving students. It is finally stated that the existing infrastructure and other beneficial schemes in the 3rd respondent college is intended for the benefits of the student community at large and they should not be curtailed to the students of Puducherry alone, especially when other similarly placed colleges are inducting students from other States.

(3.) WE have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the Union Territory of Puducherry and perused the affidavits.