LAWS(P&H)-1996-1-223

AMANDEEP SINGH Vs. MAHARISHI DAYANAND UNIVERSITY, ROHTAK

Decided On January 12, 1996
AMANDEEP SINGH Appellant
V/S
MAHARISHI DAYANAND UNIVERSITY, ROHTAK Respondents

JUDGEMENT

(1.) The petitioner is seeking admission into M.B.B.S. course in the Pt. B.D. Sharma Medical College, Rohtak. According to the petitioner he belongs to backward class of Labana community which was included originally in 67 backward classes noticed by the Government of Haryana. Subsequently, on 7.6.1995, the Government of Haryana notified five more castes as backward class and included them in the list of backward classes. Some writ petitions have been filed seeking the reliefs that the candidates belonging to those five backward classes who have been included by notification dated 7.6.1995 are also entitled to get benefit of admission into the educational institutions on the basis of the said notification. According to the petitioner irrespective of the fact whether these five newly added backward classes are entitled to get admission into the educational institutions or not, he should get admission because in the entrance test conducted by the University he was ranked at number 6 in the list prepared by the University taking into account the claim of all the backward candidates including those of five castes which have been included in the list of backward classes dated 7.6.1995. According to him, therefore, irrespective of the final decision whether those candidates belonging to the five backward castes are entitled to get admissions in the educational institution or not he shall be given admission on the basis of the rank obtained by him. The learned counsel for the University does not dispute that the petitioner was ranked at number 6 in the combined merit list. Therefore, there cannot be any denial of a seat to the petitioner, irrespective of the decision on the question whether the five newly added backward classes in the list of backward classes would get the benefit of admission in the educational institutions or not. The courses have already been started and there is no point in keeping the petitioner in suspense for any longer.

(2.) I, therefore, allow the writ petition and direct the University to admit the petitioner in CWP No. 14732 of 1995, namely Amandeep Singh into the M.B.B.S. course for the year 1995-96. The writ petition is accordingly allowed. There will be no order as to costs. A copy of the order may be given dasti.