NEERU BALA Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) This is a petition for issue of a writ to quash the condition contained in the Prosecutus issued by the respondent-University for admission of the candidates to B.Ed. courses.

(2.) Respondent No .2 is an aided educational institution and is affiliated with the Kurukshetra University (respondent No.1). For admission to the B.Ed. courses in the year 1994-95, an Entrance Test was held by the respondent No.1 in August, 1994. Names of the petitioners were included in the waiting list for admission of candidates of Arts and commerce Group (II) for woman.

(3.) In all, there were 110 seats - 55 each in Arts and Commerce Group and in Science Group. The process for admission was completed some time in September, 1994 and out of the total 110 seats 87 were filled up. Remaining 23 seats were not filled on the ground that they were reserved for Scheduled Castes/Schedules Tribes and eligible candidates belonging to these categories were not available. According to the petitioner those seats have been left unfilled by the respondent No.2 on the basis of the Note (ii) contained in the Prospectus issued by the respondent University. Petitioners have challenged the aforementioned condition on the ground of arbitrariness and unfairness. Their contention is that the reservation of the seats for Scheduled Castes/Scheduled Tribes may be justified but there is no logic or justification to leave the seats unfilled merely because sufficient number of reserved category candidates are not available. The petitioners have pleaded that the condition imposed by the University suffers from patent arbitrariness and, therefore, it is liable to be declared as unconstitutional.