KULWANT SINGH Vs. PUNJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) This petition has been filed by the petitioner for quashing the admission of respondent No. 3 Shatin Goyal, and for issuance of a writ of mandamus directing respondent Nos. 1 and 2 to grant him admission against the reserved category of Scheduled Castes.

(2.) Before appreciating the precise question involved in the writ petition, it is necessary to take into consideration some salient facts which have remained undisputed before me during the course of hearing. The petitioner and one Gurjit Singh belong to Scheduled Caste Category and, therefore, come in the reserved category. The last candidate is the aforesaid Gurjit Singh, who has been admitted to 1st Year of LL.B. in the Department of laws and he obtained 71.68 per cent marks. He has been given admission in the morning class by treating him in reserved category. It has not been disputed before me that if Gurjit Singh had been treated in general category, the petitioner would have been granted admission as he was the next candidate in the order of merit. Another fact which deserves notice at this stage is that Shatin Goyal, respondent No. 3, is no longer studying in 1st Semester of Law as he has been allowed migration from Panjabi University, Patiala, to Panjab University in the Third Semester as a consequence of acceptance of his Civil Writ Petition No. 14388 of 1994 decided on 15.11.1994. In other words, if this Court accepts the interpretation of the counsel for the petitioner on the relevant clause of the prospectors, Gurjit Singh in that situation would stand included in General Category and the petitioner would get admission in the reserved category.

(3.) The discussion of the afore mentioned factual position leads this Court to interpret the relevant clause of the prospectus for the year 1994-95 which is reproduced below :-