VIKAS GOEL Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) The undisputed facts giving rise to the present writ petition are in a narrow compass, which are as follows:- The petitioner is a domicile of Haryana and he graduated in Arts, i.e., B.A. from Panjab University, Chandigarh in the year 1991, while studying in Arya College, Ludhiana. He sought admission in the M.B.A. course in the Department of Management, Kurukshetra University for the session 1992-93. There were total 30 seats in the M.B.A. course, apart from three seats for foreign students. According to the prospectus issued by the University, reservation of seats had been provided as under:- "(a) for Haryana Candidates:- 50% seats in M.B.A. will be reserved for candidates who produce a certificate of Residence of Haryana according to the procedure prescribed in the appendix at page-27.

(2.) The seats reserved for SC or ST candidates will be filled up inter se with SC or ST candidates only and in no case such seats will be thrown upon." The admission to the M.B.A. course was to be based on a combined Entrance test and those candidates who qualified in written test and appeared for Group Discussion/Personal interview, were entitled to claim University weightages in their marks, which had also been provided in the prospectus. We are concerned here with Clause (A) regarding the University weightages for purposes of merit, which is in the following terms:-

(3.) The grievance of the petitioner in the writ petition is that the above-quoted clause regarding University weightages for purposes of merit is ultra vires Art. 14 of the Constitution of India, inasmuch as the same is wholly arbitrary and the class of students who might have passed the qualifying examination from Kurukshetra University or M.D. University cannot be classified as a separate class for the purposes of granting them some weightage, as this classification has no nexus with any object that may be in the mind of the University. During the arguments, the learned counsel for the petitioner submitted that for the purpose of this case, he may not go full length to challenge the abovesaid clause regarding weightages and would rather confine his challenge only to the extent the clause provides for giving 5 marks to the candidates who had obtained their basic qualification from M.D. University, Rohtak. According to the learned counsel, if the students who were admitted on the basis of the weightage of 5 marks for having passed the qualifying examination from M.D. University, are excluded from admission by denying these marks, then the petitioner would get admission in the M.B.A. Course. In support of his contention that such a clause is bad in law, the learned counsel relied upon a Division Bench judgment of this Court in Pushpa Sharma and another Vs. The Haryana Agricultural University, Hissar and others, 1990(7) S.L.R. 84 and a Single Bench judgment of this Court in Dr. Arapana Gill and others Vs. The State of Punjab and others, 1991(1) SCT 598 (P&H) : 1990(6) S.L.R. 123. The petitioners in Pushpa Sharma's case (supra) had sought admission to Haryana Agricultural University, Hissar in M.Sc. courses in Home Science. According to the instructions of the Haryana Agricultural University, weightage of 5 per cent marks for admission to the M.Sc. course in Home Science was to be given to those students, who had passed the qualifying examination from its Institutions, i.e., Institutions of the Haryana Agricultural University. The Division Bench in the said case after noticing the two judgments of the Supreme Court reported as State of Rajasthan Vs. Ashok Kumar Gupta, AIR 1989 Supreme Court 177 and Municipal Corporation of Greater Bombay Vs. Thukral Anjala Deo Kumar, AIR 1989 Supreme Court 1194, struck down the Rule/Instructions of the University, which provided weightage of 5% marks to the candidates who had passed the qualifying examination from the Haryana Agricultural University.