HIMA BINDU (MINOR) Vs. THE PRINCIPAL, PONDICHERRY ENGINEERING COLLEGE PILLAICHAVADI, PONDICHERRY AND ANOTHER

JUDGEMENT

(1.) Briefly stated the facts leading to this writ petition are:-

(2.) The petitioner secured 93.5% marks in the Higher Secondary Course examination and passed it with distinction, qualifying for admission to the First Year B.Tech. course. The petitioner's grandfather Kanakala Tataiya was a Freedom Fighter and is drawing Freedom Fighter's pension in recognition of his active participation in the freedom movement. Seven seats were reserved for the children and grand-children of freedom fighters for admission to the first year B.Tech. course in the Pondicherry Engineering College at Pondicherry. He is a permanent resident of Yanam within the Union Territory of Pondicherry. The petitioner and her parents are also natives of Yanam and permanent residents of that place which is their home-town.

(3.) The petitioner applied for admission, to the first year B.Tech. course in the said college in the category reserved for 'Children and Grand-children of Freedom Fighters' on 18.6.1994 annexing all the certificates. She also produced the Nativity Certicate of her father to show that her parents are permanent residents and native of Yanam. Her application was registered as No.1406 dated 28.6.94 and the same was duly intimated to the petitioner. She was waiting for the admission card having secured 93.5% marks in the qualifying examination and being entitled to a seat under the freedom fighters' category. When she did not get admission card even though admissions were likely to be closed, she approached the first respondent on 24.8.1994 and gave a letter. She was informed that the petitioner's application was taken up for consideration in the freedom fighters' category but since the petitioner and her father did not reside continuously atleast for a period of five years immediately before 4.7.1994 within the area of Pondicherry she was not selected.