CHANDGI RAM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, Shri Anurag Khanna for the respondent University and Shri Ajay Kumar Chaudhary who has appeared for the respondent Principal of D.N. Degree College.

(2.) BY this petition, the petitioner has sought the issuance of a writ calling upon the respondents to accord admission to him in the B.A. 2014 -15, course conducted by the College aforementioned. A further writ has been sought for quashing the cancellation of his registration.

(3.) FROM the undisputed facts it appears that the petitioner applied for registration and admission to the aforesaid course with the respondent University for the academic session 2014 -15. As per the declarations made in the advertisement form, the petitioner claimed benefit of reservation on account of belonging to the OBC category. He further asserted that he was otherwise eligible for consideration under the physically handicapped category. On the strength of the declarations so made, two provisional offer letters appeared to have been issued to the petitioner by the respondent University. The first offer letter which appears at page 27 shows that the University invited him for being considered for admission to the said course under the physically handicapped category. Insofar as the second offer letter appearing at page 37 of the paper book is concerned, the same was an offer to the petitioner to seek admission on the basis of marks obtained by him overall and consequently being qualified to be considered for admission even under the General Category. It however, appears that during the course of scrutiny of the testimonials and declarations made by the petitioner in his application form two objections were taken by the respondents. Insofar as the objection with regard to the petitioner being physically handicapped is concerned, the respondents found that the petitioner suffered from 45% disability and, therefore, being below the minimum 50% required, they took a stand that he would not be eligible for being considered under the physically handicapped category. Insofar as the case of the petitioner for consideration under the OBC category is concerned, it appears that due to inadvertence/oversight, the caste certificate number as disclosed by the petitioner was given as 112143001264. Upon scrutiny, the respondents found that the said caste certificate under the serial number aforementioned was not with respect to the petitioner. This was subsequently clarified by the petitioner by submitting that the last two digits of the caste certificate had been wrongly mentioned and that the correct serial number of the caste certificate was 112143001265. This caste certificate which has been appended as Annexure -5 to the writ petition is not disputed by the respondents.