SMRITI PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The writ petitions have been filed by the petitioners to challenge validity of eligibility criteria in respect of the age prescribed for the candidates of OBC category not to be more than 20 years for the purpose of Common Law Admission Test, 2010 (hereinafter referred to as 'CLAT).

(2.) The petitioners have been debarred from appearing in examination being more than 20 years of age.

(3.) Facts are being referred to from W.P. No. 5817/2010. It is averred in the petition that the petitioner belongs to OBC category, her age is 22 years. She has claimed that she is entitled for the same benefit as given to SC/ST category candidates, for whom the age has been prescribed to be 22 years. The National Law Institute University, Bhopal has fixed the age limit for general and OBC category candidates to be 20 years whereas for SC/ST category candidates, the age has been prescribed to be 22 years. It is submitted that prescribing the age limit differently for the candidates belonging to OBC and SC/ST categories, is against the provisions of Rashtriya Vidhi Sansthan Vishwavidyalaya Adhiniyam, 1997 (hereinafter referred to as "Adhiniyam, 1997") by which respondent No. 2 University is governed. Different age could not have been prescribed for the candidates belonging to SC/ST category and OBC category, as they stand on the same footing. CLAT, 2009 was conducted by NALSAR University of Hyderabad wherein the age limit for SC/ST and OBC category candidates has been prescribed 22 years. Section 18 of Adhiniyam, 1997 has been relied upon, in which same meaning has been given to SC/ST and OBC category candidates as assigned to them in the M.P. Public Service (SC/ST & OBC), Reservation Act, 1994, thus, respondents ought to have fixed the age limit for the OBC category candidates to be 22 years. The University cannot go beyond the statutory provisions. Petitioner has prayed that respondent No. 2 University be directed to change the eligibility criteria with respect to the OBC category candidates and to prescribe the age of 22 years. Petitioner be permitted to appear in the examination. By way of amendment, prayer has been made to quash order (P-7) dated 21-4-2010, by which petitioner has been debarred from appearing in the examination of CLAT, 2010.