GEETU KAPUR Vs. MAHARISHI DAYANAND UNIVERSITY

JUDGEMENT

(1.) The petitioner applied for taking the entrance test for the B.A.M.S. Class which was held on 17th August, 1997. She applied as a candidate belonging to the Backward Class B category and on the basis of her performance in the entrance test as also in the interview held on 15th September, 1997, she was granted admission as a B.C. 'B' Category candidate. She was, thereafter, called upon to deposit her fee for admission to the Shri Krishna Government Ayurvedic College, Kurukshetra and this too was deposited on 20th September, 1997. One Shaveta daughter of Surab Singh who also claimed admission on the basis of her belonging to the B.C. 'B' Category, filed Civil Writ Petition No. 14538 of 1997, impugning the admission of the present petitioner on the ground that she belonged to B.C. 'A' category and as such, was entitled to admission in preference to the petitioner. That petition was allowed by a Division Bench vide its judgment dated 27th November, 1997 and Shaveta aforesaid was granted admission and a direction was issued that the merit position pertaining to the two contestants should be reframed. It is the conceded position that as a consequence of the order of the Division Bench dated 27th November, 1997, Shaveta has got admission whereas the petitioner also continues to be admitted in the college, in the light of the fact that the present writ petition had also been filed prior to the date of decision in C.W.P. No. 14538 of 1997. The case of the petitioner in the present petition is that she, in fact, belonged to the B.C. 'A' category as well and she ought to have been granted admission against that category. In support of this plea, the petitioner has placed primary reliance on Annexure P-5, a certificate indicating that she belonged to the Sunar Caste which concededly falls in the B.C. 'B' Category.

(2.) Mr. Raman Sharma, the learned counsel for the petitioner has argued that the petitioner had filed her application Annexure R-1/1 for taking the entrance test and in this form, she had admittedly mentioned that she belonged to B.C. 'B' category. He has, however, argued that alongwith the application Annexure R-1/1, the petitioner had appended certain other documents including a B.C. Certificate, Annexure P-6 (filed with the replication) which indicated that the petitioner belonged to the Sunar Caste.

(3.) As against this, Mr. Balram, K. Gupta, the learned counsel representing the University has urged that no B.C. Certificate had been appended with the application form and the petitioner could not base her claim on Annexure P-5 as the Certificate had been issued for the first time on 5th September, 1997, whereas the form had been filed on 2nd July, 1997. He has also urged that the petitioner had identified herself as being in the B.C. 'B' category as per her application and she could not claim admission as a B.C. '(A)' category candidate.