RAJUL JAIN Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) THE human nature is really very mischievous. It always tries to unsettle a settled thing. Nothing surprising. THE domain of law is no exception. Even the law laid down by the Supreme Court in the case Chairman/ Director, Combined Entrance Examination v. Osiris Das, (1992) 3 SCC 348, is sot acceptable to the petitioners. THE Apex Court has held that in the matter relating to admission In educational institutions, reservation of seats for the sons and daughters of the employees of the institution is violative, of Article 14 of the Constitution. THE dependants of the employees cannot claim any legal right of such reservation. THEy do not constitute a separate class. Are they justified In canvassing before this Court to take a contrary view ? No. This court Is bound to follow the said pronouncement which Is absolutely clear and reasonable.

(2.) PETITIONERS are sons and daughters of teachers of Banaras Hindu University. It it a body corporate and is governed by the provisions of Banaras Hindu University Act, 1915, Statutes and Ordinances framed thereunder. They are claiming a separate quota for the admission in the Institute of Medical Sciences of the University.

(3.) THE selection procedure prescribed therein provide that the candidates will be selected in order of merit on the basis of the aggregate marks secured at the test. THE minimum qualifying marks will be 50% for the general category (including B.H.U. supernumerary quota) and 40% for Schedule caste/Scheduled Tribes candidates.