KULDIP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner claims to be a member of 'Bauria' community. She appeared in the entrance test held for admission to the medical colleges in the State of Punjab. The result was declared on July 4, 1994. The petitioner secured 74.50 marks out of a total of 300. In the result card issued to the petitioner, she was shown to be a member of the Scheduled Castes. Having failed to secure admission in any course, she filed the present writ petition with a two-fold grievance. Firstly, it was claimed that that the respondent- University had wrongly treated her as a member of the Scheduled Castes as she actually belonged to Scheduled Tribe. Secondly, the petitioner asserted that the State Government had made reservation to the extent of 25% for members of Scheduled Castes and Scheduled Tribes. In fact, separate reservation should be made for the two categories. On these premises, the petitioner prays for the issue of a writ in the nature of mandamus directing the State of Punjab to fix a separate percentage of reservation for the members of the Scheduled Tribes.

(2.) The respondents contest the petitioner's claim. In the written statement filed on behalf of the State of Punjab and the Principles of different Colleges, it has been inter alia pointed out that 'Bauria' caste to which the petitioner belongs, has been declared as Scheduled Caste. Accordingly, an indication was given in the result card. However, the petitioner was not entitled to admission as she had secured only 74.50 marks while the last candidate admitted "under the reserved category of Scheduled Castes/Tribe, in MBBS course has secured 122 marks out of 300 in the PMT". Vide letter dated November 4, 1974, the State Government had raised the reservation for members of Scheduled Castes and Tribes from 20% to 25%.

(3.) A separate written statement has been filed on behalf of the Punjabi University, Patiala-respondent No.3. It has been inter alia stated that the University follows the instructions issued by the Government from time to time. The provision has been made in the Prospectus for reservation in accordance with the instructions issued by the competent authority. In other respects, the written statement is on the same lines as that filed on behalf of the other respondents.