POOJA AGGARWAL Vs. HARYANA STATE

JUDGEMENT

(1.) For admission to M.A. previous (Economics) in Session 2000-2001 at Government Post-Gradudate College, Hissar. Pooja Aggarwal, daughter of Sh. Tareem Kumar Aggarwal staked her claim vis-a-vis the claim of respondents 7 to 9 saying that her merit was superior to their merit in the qualifying examination by means of suit for declaration whereby she challenged the action of the Respondents 1 to 6 viz. the admitting of Respondents 7 to 9 to that course as being against law, wanton, capricious, discriminatory, null and void ab initio, arbitrary and against the principles of natural justice and as such these admissions are liable to be cancelled. She asked for the grant of a mandatory injunction against Respondents 1 to 6 directing them to admit her in Session 2000-2001 in M.A. previous (Economics) after taking admission fee from her as per prospectus and allow her to join classes in M.A. previous (Economics).

(2.) It was alleged in the plaint that she applied for admission to M.A. previous (Economics) in Session 2000-2001 in Government Post-Graduate College, Hisar (respondent No. 6). She submitted application form in the College within time. Merit list was prepared by the College on the basis of the marks obtained by the candidates in the qualifying examination. In the merit list prepared by the College, she was shown having secured almost 75% marks. There were 50 seats in the said course. 47 candidates were admitted in accordance with the merit list. She was told by the College authorities that she was not eligible because all the seats had been filled up on the last date of admission. She continued visiting the college thereafter for admission but was told by the officials of the College that as and when any seat fell vacant, she would be called. On 11-9-2000, she along with her father went to the College and asked the Principal to admit her to M.A. previous (Economics) in Session 2000-2001 since Respondents Nos. 7 to 9 had been admitted though they were less meritorious. Officials of the College, however, refused to admit her. Along with the plaint, she asked for the issuance of a temporary mandatory injunction directing the College authorities to admit her into M.A. previous (Economics) for the Session 2000-2001.

(3.) Respondent-College contested this prayer. It was pleaded that all the 50 seats were filled up on merit. Merit of the last student was 76.92%. Merit of the plaintiff was 74.08%. As mentioned at page No. 9 of the prospectus, candidates were required to keep visiting the College regularly and were required to look at the notice Board and thus to obtain information about withdrawal by any admitted candidate. It was pleaded that some students got their admissions cancelled. Notice was put up on 28-8-2000 informing that candidates desirous of seeking admission against such seats should apply till 11.00 a.m. on 30-8-2000. It was pleaded that three seats had fallen vacant and those were filled up on merit from among candidates present that day. It was further pleaded that the plaintiff did not turn up and as such she was not entitled to admission. Vide Order dated 25-9-2000, Civil Judge (Senior Division), Hisar, allowed her prayer and it was directed that she shall be given admission to M.A. previous (Economics) in Session 2000-2001 at Government Post-Graduate College, Hisar.