VISHAL Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) THOUGH several issues have been raised in this petition, during the course of hearing the learned counsel for the petitioner has confined his arguments to the claim of the petitioner for admission to LL.B. 1st Semester only on the ground that candidates belonging to scheduled castes category could not have been admitted against the reserved category seats if such candidates secured higher merit than the general category candidates.

(2.) THE brief facts of the case are that the petitioner, who belongs to the category of scheduled caste, had applied for admission in the LL.B. Course of the Panjab University, Chandigarh. He claimed benefit of reservation as a member of the Scheduled Caste category. The name of the petitioner came to be included at Sr. No. 79 amongst 130 candidates belonging to the scheduled castes category, who had sought admission during the year 1994 -95. Petitioner was interviewed by the Selection Committee but his name was not included in the final list prepared by the respondent -University. He has pleaded that Shri Gurjit Singh, who was placed at Sr. No. 1 in the list of scheduled caste candidates (Selected) had secured 71 -68% marks which were more than the marks secured by the general category candidates. Similarly, Devinderjit Kaur, who belongs to the category of scheduled castes, had secured higher marks than the candidates belonging to general category. Notwithstanding their better merit, these candidates have been admitted against the reserved category vacancies and this action of the respondent University has resulted in denial of admission to the petitioner. Petitioner's contention is that candidates belonging to reserved category are entitled to be admitted in the general category in case they secure better merit than the candidates belonging to the general category.

(3.) LEARNED counsel appearing for the University contended that Devinderjit Kaur was considered for reserved category because she was interviewed on a date when other reserved category candidates were interviewed. He has also contended that issue of a direction by the Court at this belated stage would serve no purpose because the petitioner will not be able to complete the courses. Lastly, the learned counsel argued that the last candidate admitted against the reserved seat was at Sr. No. 73 in the list of Scheduled Caste candidates and, therefore, the petitioner who is at Sr. No. 79 cannot claim admission against the reserved category seat as a matter of right.