GOBINDER SINGH Vs. THE PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA

JUDGEMENT

(1.) Petitioner Gobinder Singh and Sarbjit Singh have filed the present writ petition under Articles 226/227 of the Constitution of India praying for a writ in the nature of mandamus/certiorari against the respondent quashing the action of the respondent in filling 5 seats of B.V.Sc. falling to the reserved category from amongst the general category candidates. It has been further prayed by the petitioners that the admission of the candidates of general category to the extent of 5 seats be quashed and directions be given to the respondent to admit the petitioners in the said Course.

(2.) The case set up by the petitioners is that they applied for Bachelor of Veterinary Science Degree Course of 5 years in Punjab Agricultural University, Ludhiana. In all there were 45 seats of which 11 were reserved for the members of the scheduled caste. As per the prospectus a candidate securing 50% marks in the qualifying examination i.e. 10+2 with Science subject is eligible to take the entrance examination and only such candidates who obtain 50% marks (General Category) and 40% marks (Reserved Category) in the entrance examination were to be called for counselling. The prospectus further provided that 5% marks can be reduced out of 40% for the reserved category candidates. The petitioner No. 1 secured 39.5% and petitioner No. 2 secured 38.25% marks respectively in the entrance examination and they were at serial Nos. 7 and 8 to be admitted against 11 reserved seats. But the respondent has denied admission to the petitioner by not reducing 5% marks as provided in the prospectus and has admitted 5 general category candidates against the reserved category seats, which is illegal.

(3.) Notice of the writ petition was given to the respondent which filed the reply and denied the allegations. According to the respondent, the benefit of 5% marks is to be given to a candidate for the purpose of his eligibility and the petitioner are not entitled to the benefit of 5% marks for the purpose of counselling because they have already been benefited when their percentage has been reduced from 50% to 40%, as applicable to the general category, for the purpose of entrance test.