LIPIKA MOHANTY Vs. PRINCIPAL RAVENSHAW COLLEGE

JUDGEMENT

(1.) Petitioner is a student desirous of taking admission to Post -Graduate Classes in Botany being denied of a seat has approached this Court.

(2.) IN the writ application it has been averred that no prospectus was published for the year 1993 -94. The Admission Information (Annexure -1) does not indicate that the prospectus for the year 1992 -93 was to be followed for the session 1993 -94, nor the admission information indicated, regarding reservation of seats for Scheduled Caste or Scheduled Tribe candidates. As per the decision of the Admission Committee, petitioner is entitled to a seat. For this submission, reliance is placed on the letter No. III HF/M -34/93 : 33011/ HE dated 22 -7 -1993 (Annexure -3), the Principal Secretary to Government, Department of Higher Education, wrote to the Director of Higher Education, Orissa, Bhubaneswar, a copy of which was forwarded to the Principal, Ravenshaw College in which policy decision was taken regarding reservation of seats for Scheduled Caste and Scheduled Tribe students in +2 and +3 course. A copy of this letter is annexed as Annexure -3 to this writ application. Clause (1) of the said letter reads as follows : '12% of the seats available in +2 and +3 courses of studies shall be reserved for students belonging to Scheduled Tribes and 8% of the seats for students belonging to Scheduled Castes as at present.' In Clause (2) it is written to the following effect: 'These reserved seats shall not be interchangeable between S. C. and S. T. students and any reserved seats remaining vacant in either category may be filled up on the basis of the general merit list.' Basing on this Annexure -3 the Admission Committee on 26 -8 -1993 resolved : 'The principles of reservation of S. T./S. C. followed in undergraduate admission may be followed in P.G. Admission.' As records disclosed admission to the Post -Graduate courses started on 13 -9 -1993. Admittedly at the time of admission the policy of Admission Committee was followed while admitting the students to Post -Graduate classes. The petitioner was not selected in first selection, It is submitted that since all the seats had not been filled up in the first selection so for as Scheduled Caste and Scheduled Tribe candidates are concerned, the rest of the seats should have been filled up by general candidates on basis of merit list. Seats fell vacant as sufficient number of Scheduled Tribe candidates were not available for admission. According to the merit list, the petitioner was entitled to get a seat, if, the seats would have reverted to the general category. Instead of allotting a seat to the petitioner the authorities filled up the same by the Scheduled Caste candidates, Praying for issuance of a writ of mandamus, directing the authorities to allot a seat to her in the Post -Graduate in the Botany discipline she has filed this writ application.

(3.) REGARDING the first contention of the opposite parties that according to the prospectus, the seats which could not be filled up by Scheduled Tribe candidates are to be filled up by Scheduled Caste candidates and vice versa and could not have been filled up by the general candidates, is not acceptable as we find no prospectus was published for the year 1993 -94. Information sheet, which was issued as per Annexure -A, does not indicate that the prospectus issued for the year 1992 -93 was also to be followed for the year 1993 -94. The information also does not indicate the modality for filling up of the vacant seats meant for the reserved categories.