ARUN KUMAR Vs. GURU JAMBHESHWAR UNIVERSITY

JUDGEMENT

(1.) In this petition, the petitioner has prayed for issuance of a writ of mandamus directing the respondent to admit him to the Master of Computer Applications (hereinafter referred to as M.C.A.) course for session 2000.

(2.) The petitioner is a resident of Village Bawwa, Tehsil Kosli, District Rewari. He passed his Matriculation examination from Government High School, Karoli, District Rewari and thereafter cleared his 10+2 examination from an educational institution at Gur-gaon. He belongs to a rural backward area. He obtained Bachelor Degree from Himachal Pradesh University through Correspondence Course. In pursuance to the admission notice published in various newspapers on 25.4.2000 for M.C. A. course, which is of three years duration, the petitioner submitted his application along with requisite documents seeking admission under reserve category of Backward Class (Block- B). In the result declared by the Guru Jambheshwar University (hereinafter referred to as the University), he was placed at rank No. 2 in B.C.-B category as per notification dated 13.7.2000. He appeared on 25.7.2000 with original certificates and other required documents before the Counselling Committee. He was informed that he cannot be granted admission to the course as he has not passed the qualifying examination, a bachelor degree in terms of the requirement under the eligibility condition contained in Chapter 7 of the prospectus from a university/college situated in the State of Haryana and that he is not the child of the employee appointed on regular basis of Haryana State Government/members of All India Service borne on Haryana cadre/Statutory Bodies/Corporations established under the Act of the State of Haryana, whether posted in Haryana or outside as prescribed in Important Notes 1 and 2 respectively of Chapter 9 of the prospectus. It has been averred by the petitioner that on the date of counselling, 22 seats belonging to B.C.-B category were available for admission and despite he being at rank No. 2 in the same category, admission has been denied to him against the provisions providing reservation of seats contained in Chapter 9 of the prospectus illegally and arbitrarily by the respondent. Impelled by these circumstances, he invoked the jurisdiction of this Court under Article 226 of the Constitution of India.

(3.) The respondent has contested the claim of the petitioner. It has been pleaded in the written statement filed by the respondent that though the petitioner has secured second rank in the merit list of B.C.-B category and his position stood at No. 4 as a result of tie-break, still he was not eligible for admission to the M.C. A. course as he has passed his qualifying B.A.-III examination from Himachal Pradesh University, Shimla and that he is not the child of Haryana Government employee as his father has retired as S.S. Master from Government High School, Mohindergarh on 31.1.1991 in terms of the eligibility criteria laid down in the prospectus. Thus, the respondent justified its action in denying admission to the said course to the petitioner.