SUNIL DUTT Vs. MAHARISHI DAYANAND UNIVERSITY AND ANR.

JUDGEMENT

(1.) THE petitioner, a candidate for admission to LL.B. (Hons.) 3 years Course with the respondent -University, has invoked the jurisdiction of this Court for quashing of the condition that the place of posting of a candidate should be within 45 Kms of the Faculty of Laws of the respondent -University.

(2.) THE petitioner being eligible for admission to LL.B. (Hons) 3 -Years Course in evening, applied for admission against 80 seats available. The petitioner is working as Hindi Teacher in Government Senior Secondary School, Jamalpur, District Bhiwani, which is at a distance of 70 Kms from the University. The petitioner secured 59 marks out of 100 marks in the Entrance Test and secured 10th rank in the merit of Scheduled Caste category and 74th rank in the General Category. They are 14 seats reserved for the Scheduled Caste category and, thus, the petitioner is entitled to be admitted to LL.B. (Hons.) Course. However, the petitioner was denied admission to the course for the reason that the place of his posting is not within 45 Kms. Thereafter, the petitioner invoked the jurisdiction of this Court aggrieved against the said condition in the prospectus. The relevant clause in the prospectus reads as under:

(3.) IT is the case of the petitioner that he submitted an application for transfer to any of the schools near the boundary of District Rohtak which may facilitate him to attend the classes at the respondent -University. There are more than 10 schools in the nearby District Rohtak though situated in District Bhiwani. Such schools are within distance of 30 to 40 Kms from the Faculty of Laws. In the present petition, the petitioner claims that the condition of 45 Kms is wholly illegal, arbitrary and does not form a reasonable classification and has no nexus with the object to be achieved and, therefore, such clause is liable to be quashed.