RENISHA E.K. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are the residents of Kerala State. They passed B.Sc., (Botany). The petitioner in W.P. No. 27497 of 2012 secured 71.10% of marks and the petitioner in W.P. No. 27498 of 2012 secured 58.59% of marks in the Degree Course. They applied for M.Sc., (Plant Science) in Mahatma Gandhi Government Arts College, Mahe, the fourth respondent herein. The said College was established by the Government of Union Territory of Pondicherry. The College is at the Mahe region of the Union Territory of Pondicherry. The Mahe region is in the midst of Kerala State. Because of its geographical position, the population in Mahe are all Malayalam speaking people. The Mahe Region is very small area comprising about 9 sq. km. There are 10 sanctioned seats for M.Sc. (Plant Science) course in the 4th respondent College. The duration of the said course is two years. Only two persons applied from Mahe region. They were given admission and 17 persons from Kerala State including the petitioners applied for M.Sc. (Plant Science). Further, one person hailing from the State of Kerala, who obtained higher mark was given admission. In total, three students are admitted in M.Sc., (Plant Science) of the 4th respondent College. It is not in dispute that seven seats remain vacant. Since seven seats are vacant without being filled up, the petitioners have come up before this Court by filing these writ petitions seeking for direction to the respondents to grant admission to the petitioners to M.Sc., (Plant Science) Course for the academic year 2012-13.

(2.) The 5th respondent got impleaded in both the writ petitions. The 5th respondent is the President of National Student Union of India, Mahe.

(3.) Counter affidavit and additional counter affidavit are filed by the respondents 1 to 4. The petitioners have filed reply affidavit.