JYOTI SHARMA Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA AND OTHERS

JUDGEMENT

(1.) This is a petition to quash the admissions of the respondents No. 3 and 4 in M.Sc. Zoology 1st year for the session 1997-98 and for directing the respondents No. 1 and 2 to admit the petitioner to the said course on the basis of her merit in the entrance test.

(2.) The petitioner and the respondents No. 3 and 4 appeared in the entrance test held by the respondent-University on 11.7.1997 for admission to M.Sc. Zoology. As per the prospectus notified by the University, all those who had cleared the entrance test were required So physically present on 15.7.1997, 18.7.1997,22.7.1997 and 24.7.1997 for the purpose of admission. In the merit list prepared by the department, the name of the petitioner came to be placed at No. 30 and those of the respondents No. 3 and 4 came to be placed at Nos. 2 and 26 respectively. While the petitioner presented herself physically on all the dates fixed in the prospectus, the respondents No. 3 and 4 did not appear on either the four dates. The petitioner's grievance is that in spite of their non-appearance on the scheduled dates and in utter violation of the rules framed by the University, the respondents No. 3 and 4 have been granted admission in the month of Sept., 1997 ignoring her candidature. She has accused the respondents No. 1 and 2 of having acted with bias in favour of the respondents No. 3 and 4.

(3.) The respondents No. 1 and 2 have defended their action to admit the respondents No. 3 and 4 by stating that they are more meritorious than the petitioner. According to them, Shri Adesh Kumar Saini who was much higher in merit than the petitioner was admitted on 24.7.1997. Thereafter, as per the orders of the Vice Chancellor, notification dated 22.8.1997 was issued with regard to number of vacant seats in the University Teaching Departments. On the basis of the criteria laid down in the notification, 12 candidates were called for admission against 4 seats which were lying vacant in the Department of Zoology and 2 of them, namely, Anil Jindal and Ashima Singla who were higher in merit than the petitioner were admitted to the course on 8.9.1997. The respondents No. 1 and 2 have also pleaded that the respondents No. 3 and 4 were called as per the notification issued under the orders of the Vice Chancellor and as the petitioner was lower in merit, she was not called for admission.