RUPINDER SINGH GURAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Rupinder Singh, a resident of village Bhathala, Tehsil Samrala, District Ludhiana, claims mandamus in this petition filed under Article 226 of the Constitution for a direction to the respondents to admit him in Babe Banda Singh Engineering College, Fatehgarh Sahib, and a writ of certiorari quashing Annexure P. 1, a notification issued on 17/07/1994, by the State Government providing guidelines for admission to the Engineering College.

(2.) Common entrance test was held by the Guru Nanak Dev University, Amritsar, for the purposes of admission to Engineering Colleges in the State of Punjab. The petitioner appeared in the aforesaid test and scored 71.25 marks. The petitioner got his education in a school situated in the rural area of Punjab. For students who had studied in the school in the rural areas of Punjab 70% of the seats were reserved. The State of Punjab while issuing instructions Anenxure P-1 raised the minimum qualifying marks from 15% to 24% in the case of open category candidates; whereas in accordance with All India Council of Education Guidelines, 16% qualifying marks were fixed for Scheduled Castes/Scheduled Tribe candidates. The aforesaid instructions were notified on 9/03/1994. The qualifying marks for Scheduled Castes / Scheduled Tribes candidates was fixed at 10%. Annexure P. 2 is the notification in this respect. The case of the petitioner is that as per instructions aforesaid, the standard of minimum marks reduced from 15% to 10% provided for Scheduled Castes / Scheduled Tribes, as reserved category, should have been applied persons who had studied in the school situated in the rural area for which 70% seats were reserved i.e. another reserved category. Since it was not done, the petitioner and like others were discriminated. We have given hearing to the learned counsel for the petitioner at some length and we find no ground to entertain this writ petition.

(3.) The reduction of minimum standard for qualifying the entrance test, from 15% to 10% in the case of scheduled Caste / Scheduled Tribes as such is not being assailed in the writ petition. Even otherwise we are of the view that legally reservation and lower standard of qualifying marks could be provided for the Scheduled Caste and the Scheduled Tribes which is permitted by the Constitution. The fact that the Government has reserved 70% of the seats in the Engineering College for the persons who had studied in the schools situated in the rural areas is also taken as valid for the purposes of examining the argument addressed by the counsel. There can be reservation on the basis of residence in the State as well as institutional preference to some extent. The contention of learned counsel for the petitioner that there cannot be discrimination among persons belonging to different categories of reserved classes, cannot be accepted. The question of discrimination has to be considered among the equals. Scheduled Caste and Scheduled Tribes candidates cannot be equated with other candidates as they form a class by itself. If another class is carved out for the purposes of reservation i.e. candidates who have schooling in the rural area those would be a class by itself. Likewise making reservation for Ex-servicemen or wards of Ex-servicemen or for sportsmen for the purposes of admission in the Engineering College, if so provided, would be considered as classes separate by themselves. The question of fixing standard of qualifying the test has to be the same for all the candidates with the only exception in the case of Scheduled Castes and Scheduled Tribes which are protected under the provisions of the Constitution. If the State has provided a different qualifying standard for students who have studied in the schools in the rural area, the question of its validity could have been examined but by not making any provision for fixation of any lower standard for such students per se cannot be a ground of discrimination. The contention of learned counsel for the petitioner that all the students seeking education in the schools situated in the rural area would be belonging to economically weaker section of the society, cannot be accepted. No presumption can be drawn that economically weaker sections of the society reside in the rural area as such. Learned counsel for the petitioner referred to the decision of the Supreme Court in State of M. P. v. Kumari Nivedita Jain, AIR 1981 SC 2045. That was a case of admission to the Medical College. Minimum qualifying marks for selection of students to the Madical Colleges were provided. However, by executive order such conditions were relaxed in the case of Scheduled Castes and Scheduled Tribes candidates. The action was held to be not invalid or unconstitutional. Learned counsel relied upon observation made in para 26 of the judgment, which is as under :-