VARUN KAUSHAL Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA AND OTHERS

JUDGEMENT

(1.) The petitioner is a graduate from the Kurukshetra University. He is serving with City Financial Consumer Finance India Limited, Ambala Cantt., a private concern. He applied for admission to LL.B. (Professional) Three Year Degree Course (Evening) pursuant to the Prospectus issued by respondent No. 1-University for the Session 2007-08. His application was accepted and he was issued Admit Card with Roll No. 300198 for appearance in the Entrance Test scheduled to be held on 15.07.2007 (Annexure P-5). He appeared in the Entrance Test and was placed at Rank No.48 out of 300 candidates. He reported for counselling held on 03.08.2007. During the course of counselling on scrutiny of the documents of the petitioner, his candidature was rejected on the ground that the Certificate of Employment has been issued by a private company which is not an autonomous organisation. It is alleged that the petitioner again approached respondent No.3. However, he was informed that autonomous organisation in the University prospectus refers to only Government Organisation and not private autonomous companies like the one where the petitioner is serving. The grievance of the petitioner is that a number of candidates with lessor merit and below in rank in the Entrance Test have been admitted for in the course in question ignoring the right and claim of the petitioner. The petitioner served a legal notice dated 03.09.2007 (Annexure P-7) which was followed by other communications. It is stated that legal notice and the subsequent communications made by the petitioner through his counsel remained unattended as no response was received by him. The petitioner has, accordingly, filed this petition seeking a direction for quashing the eligibility criteria of the Prospectus for the year 2007-08 provided for reservation to Government/Recognised Educational Institution Employees for admission to LL.B. (Professional) Three Year Degree Course (Evening) being violative of Articles 14 and 15(4) read with Article 29(2) of the Constitution of India with a further writ of mandamus for a direction to respondents to admit the petitioner to the course in question.

(2.) The petition is being resisted by the University on the grounds of delay and laches, the same having been filed after a period of two years of denial of admission and on the grounds of petitioner's ineligibility under the conditions of Prospectus.

(3.) The Prospectus issued by the University during the Session 2007-08, prescribes the eligibility for admission to LL.B. (Professional) Three Year Degree Course (Evening), the same is quoted hereunder :-