MONIKA Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) This petition is filed by the petitioner for an appropriate writ, direction or order to the Himachal Pradesh University -respondent No. 1 herein to declare admission given to respondent No. 2 Ms. Monisha Dhiman in M. Phil (Zoology) in general category to be illegal and unlawful and to treat admission given to her as a Scheduled Caste Candidate. A further prayer is made to admit the petitioner in M.Phil (Zoology) as a candidate in general category quashing and setting aside admission of Mr. Shyama, son of Mr. Bhagat Ram, respondent No. 3 herein for the session 2000 -2001.

(2.) The case of the petitioner is that she is a resident of village Krishna Nagar, Ward No. 1, District Hamirpur. She passed her Masters degree in Science (M.Sc. Zoology) with 64% of marks in September, 2000 from the Himachal Pradesh University, Shimla. An advertisement was issued by the University inviting applications for admission to the Course of M.Phil in various disciplines, one of them being Zoology. Minimum percentage which was required for getting admission in M. Phil Course was 55%. Since the petitioner obtained M.Sc. degree with 64% marks, she was eligible and accordingly she submitted her form.

(3.) She applied for admission for M. Phil Course and she was duly interviewed by a legally constituted committee for the said purpose. According to the petitioner, her name was also included in the select list of selected candidates for admission to M.Phil Course in Zoology, but to her utter shock and surprise, she was informed that another student belonging to scheduled caste (SC) had been admitted in her place of general category. According to the petitioner, the said action was illegal and unlawful. Since she was not admitted, she was constrained to approach this Court by filing the petition. Notice was issued, pursuant to which respondents No. 1 and 3 appeared. Respondent No. 2, however, did not appear.