HARMEHAR SINGHA Vs. PUNJAB UNIVERSITY

JUDGEMENT

(1.) As per the case of the petitioner, the respondent/University has offered B.A. (Hons. School) course followed by MA. (Hons. School) 5 year integrated programme having 29 seats. The eligibility for admission is on the basis of merit determined in the 10+2 examination. There is 5% reservation for the Defence Personnel as per the Handbook of Information 2013. The petitioner vide reference No. 106 applied for admission under the Defence category. The first counselling was held on 10.7.2013 and the second on 15.7.2013. The last General category candidate got admission with 93.6% marks and the Defence category student against the single reserved seat got admission with 92.6% marks. In the waiting list, the petitioner was at serial No. 46. The Handbook of Information provides for another counselling for seats falling vacant on account of various reasons like non-joining of the candidates, non-fulfilment of minimum attendance in the 1st two weeks of the classes, conversion of reserved category seat to the general category quota etc. The case of the petitioner is that in the last counselling held on 19.8.2013 for 5 seats, 3 students were admitted, who were having percentage of 91.4, 91.9 and 90.8, respectively. The General category candidates were having lower percentage marks than the Defence category candidate who got the admission with 92.6% marks.

(2.) Learned counsel for the petitioner has submitted that since the marks of the Defence category candidate, who got admission with 92.6% marks, were higher than the General Category candidates, who are having 91.4, 91.9 and 90.8, respectively, he should have been shifted to general seat and the Defence seat should have been offered to the candidates like the petitioner who has applied under the Defence quota with 85% marks. In this regard, he has referred to the provisions of the Handbook of Information 2013 with regard to interchangeability and transfer of seats but has been candid enough to submit that there is no provision in the Handbook with regard to interchangeability of seats of the quota meant for Defence personnel. In this regard, Clause 4 of the Handbook of Information 2013 with regard to inter-changeability and transfer of seats is reproduced as under:

(3.) The aforesaid provision reflects that the inter-changeability is allowed with regard to the seats of the Scheduled Castes and Scheduled Tribes in terms of Clause 2(b)(i)(ii) which provides that 15% seats are reserved for candidates belonging to the Scheduled Castes and 7.5% for the candidates belonging to Scheduled Tribes.