DHARMENDRA SINGH Vs. PRINCIPAL S M COLLEGE CHANDAUSI

JUDGEMENT

(1.) The petitioner, Dharmendra Singh, passed his High School examination in the year 1989 in Second Division. Thereafter he passed his Intermediate examination in the year 1991 in Second Division securing 251 marks out of 500. A photostat copy of the mark-sheet of the Intermediate examination is Annexure 'II' to the writ petition. The petitioner applied for admission in B. Sc. Part I giving option for the subject Zoology, Botany and Chemistry. He was, however, allowed the subjects Zoology, Botany and Military Science. His contention is that the Principal, S. M. College, Chandausi, District Moradabad, respondent, assured the petitioner that the subject 'Military Science' will be changed afterwards and at the time of admission he cannot be given the subject of Chemistry as the total marks in the Intermediate examination, secured by him were below the standard fixed for giving the subject of Chemistry which was offered to the candidates, who had secured 254 marks and above in the intermediate examination, but since the petitioner had secured only 251 marks, he was not given the subject of Chemistry. Despite repeated verbal assurances given by the respondent from time to time, the subject was not changed from 'Military Science' to 'Chemistry'. Ultimately, on 10-1-1992, the respondent clearly refused to change the subject. It is under these circumstances that the petitioner has filed the present writ petition. His contention is that he is a backward class candidate, being Aahir by caste and was entitled to some relaxation and so he should have been given the subject of Chemistry despite his having secured 251 marks in his Intermediate examination.

(2.) In para 5 of the counter-affidavit it is stated that the petitioner was not given the combination of Zoology, Botany and Chemistry as he had not obtained the requisite number of marks required by a candidate for getting admission in that combination. Instead the petitioner was offered the combination of Zoology, Botany and Military Science, keeping in view the marks obtained by him in his Intermediate examination. The petitioner in his application form had also mentioned 'Military Studies' as one of the subjects in the alternative to 'Chemistry'. A copy of the application form is Annexure 'CA-I' to the counter-affidavit. In para 6 of the counter-affidavit it is mentioned that a separate merit list for the academic year 199192 was prepared for the students belonging to backward classes. Since, admittedly, the petitioner had secured 251 marks only, which was below the total number of marks obtained by other candidates in the merit list of backward class candidates and so he was not allowed the subject of Chemistry. It was vehemently denied that the respondent had given verbal assurances to the petitioner to accept Military Science as one of the subjects, which will be changed later. It was also not admitted that the respondent on 10-1-1992 refused to allow the subject of Chemistry to the petitioner.

(3.) In para 12 of the rejoinder affidavit the petitioner, for the first time, took the stand that throughout the session he had been attending the class of Chemistry.