MS. SUKHWINDER KAUR Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) MS Sukhwinder Kaur, petitioner, has filed the present writ petition under Articles 226/ of the Constitution of India against the Panjab University respondent No. 1, Panjabi University, respondent No. 2, Guru Nanak Dev University, respondent No. 3 and Malwa Centre College of Education, respondent No. 4 and it has been prayed by the petitioner that a writ of certiorari be issued against the respondents quashing the reservation to the extent of 3% given in Prospectus under Clause 6.2, to the Teachers' children, self and their spouse as this criteria is unconstitutional, arbitrary and against the dictum of the Hon'ble Supreme Court reported in, 1998(1) R.S.J. 533 :, 1997(1) SCT 824 (SC), Thapar Institute of Engineering and Technology v. State of Punjab and another. The petitioner has further prayed that direction be issued to the respondents to admit the petitioner in B.Ed. course since she has cleared the entrance test and she belongs to Scheduled Caste (Balmiki community). It was also prayed that direction be also given to respondent No. 4 to admit the petitioner in B.Ed. course in the college since 25% reservation have been provided in favour of Scheduled Caste/Scheduled Tribes for the colleges of Punjab as per the provisions of Prospectus.

(2.) THE case sot up by the petitioner is that she belongs to Balmiki community which has been declared as a Scheduled Caste by the Government of Punjab under the Constitutional Scheduled, Caste Order, 1950. She was issued a Scheduled Caste certificate dated 7.3.2000. For the Session of 2000 -2001. Panjab University Chandigarh, respondent No. 1, was authorised by the Chandigarh Administration and the Punjab Government to conduct entrance test for admission to B.Ed. course in the Colleges of Education affiliated to Punjab University, Chandigarh, Punjabi University, Patiala and Guru Nanak Dev University, Amritsar. The petitioner was fully eligible and applied for the entrance test. She also applied for reserved category of Scheduled Castes and 25% seats have been reserved for Scheduled Castes/Scheduled Tribes for the Colleges of Punjab. Moreover, the petitioner hails from rural area. Therefore, she is claiming that respondent No. 4 should admit her by providing reservation to the members of the Scheduled Castes to the extent of 25% of the total seats in the college.

(3.) THE petitioner's case in the writ petition is of two fold; firstly, that the reservation to the extent of 3% for the teachers and their wards under Rule 6.2 of the prospectus is unconstitutional and secondly respondent No. 4 has not applied the reservation rule and the petitioner is eligible to get the seat in the institution of respondent No. 4 on the basis of her reservation and also on the basis of rural candidate. With this broad background the petitioner has made a prayer for the grant of the relief as stated in the earlier portion of the judgment.