CHARANJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition filed under Arts.226 and 227 of the Constitution, Charanjit Kaur, the petitioner, seeks a mandamus directing respondents Nos. 2 and 3, Kurukshetra University and the Chairman, Department of M.Phil. (Hindi) of the said University, to admit the petitioner in M.Phil course by quashing admission of Darshan Devi, respondent No. 4.

(2.) In response to prospectus of the University for the year 1989-90, the petitioner applied for admission in the said course. She belongs to Backward Class category. She had passed M.A. (Hindi) from the said University securing 58.50 percent marks as per certificate, Annexure P.2. Darshan Devi, respondent No. 4, had also applied for admission out of the reserved quota of Backward Class. She had secured 53.44 per cent marks which was below the minimum standard prescribed was 55 per cent. The act of the Chairman of the Department of M.Phil (Hindi) in declining admission to the petitioner on merit and arbitrarily admitting Darshan Devi, respondent No. 4, was challenged in the writ petition. The University took up the stand that as per prospectus, by relaxing the rule and allowing weightage up to 5 per cent marks, a candidate could be made eligible. Further, as per prospectus, weightage was to be given to the standards who had passed the examination from the said University as well as to the spouses/children of permanent employees of the University. In this manner, it was asserted that respondent No. 4 gained merit over the petitioner. Similar stand was taken by Darshan Devi, respondent No. 4, in her written statement.

(3.) The position of Charanjit Kaur, the petitioner, as well as Darshan Devi, the respondent, in the matter of giving weightage as shown in the written statement is as under : Respondent No. 4 Petitoner <FRM>JUDGEMENT_339_AIR(P&H)_1990Html1.htm</FRM>