ARUN SAWHNEY Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) The Himachal Pradesh University, located at Summer Hill, a suburb at the Western end of Shimla, has 24 teaching departments covering areas of study m various faculties. One of the courses of study, which is available in this University, is Master of Business Administration (M. B. A. for short).

(2.) The First Ordinances of the University deal with Admission in Chapter III. Ordinance 3.1, (as amended till 1986), in its relevant part, in this Chapter reads : "Admission and reservation -Admission to the various courses of study except M. B. B. S course shall be open to all persons, irrespective of race, creed, caste or class, subject to the following reservations : - (a) 75% of the seats in each course of study shall be reserved for the students who pass their qualifying examination from the Himachal Pradesh Board of School Education or from the Central Board of Secondary Education or the Council for Indian School Certificate Examination from a school situated within the territorial jurisdiction of the University or from the H. P. University or from H P. Krishi Vishwa Vidyalaya, as the case may be. Remaining 25% of the seats shall be open to all. (b) 15% and 7 -1/2% of the seats available in each category mentioned in (a) above shall be reserved for students belonging to the Scheduled Castes and Scheduled Tribes respectively, In their case the minimum qualifying marks for admission in a course shall also be relaxed by 5% of £he maximum marks except in the case of B. L. and LL.B Course. Provided that 3% of the seats available in each category mentioned in (a) and (b) above shall be reserved for physically handicapped students. Provided that 5% of seats (subject to minimum of one seat) available in each category mentioned in (a) and (b) above shall be reserved in each department for outstanding sportsmen/women s Provided that 5% of seats (subject to minimum of one seat) available in each category mentioned in (a) and (b) above shall be reserved in each department for outstanding Cultural Activists."

(3.) Ordinance 3.2 says that the basis of admission shall be merit to be determined, inter aha, by a competitive examination. The University issues information to the intending applicants for admission to the various courses of study through booklets entitled Handbook of Information. The present case relates to the academic year 1991 -92 in which petitioner Arun Sawhney sought admission to the M. B. A. course. The Handbook of Information pertaining to this year, relating to MBA examination, provides in clause 8 as under ; "8. Admission and Reservation (Ordinance 3 1) for admissions to MBA /D. P. M. and D. M. M. -Admissions to the courses of study shall be open to ail persons irrespective of race, creed, caste or class, subject to the following reservations i - (a) 75% of the sears in each course of study shall be reserved for the students who pass their qualifying examination from the Himachal Board of School Education or from the Central Board of Secondary Education or the Council for Indian School Certificate Examination from a school situated within the territorial jurisdiction of the University or from H P University or from H. P Krishi Vishva -vidyalaya, as the case may be Remaining 25% of the seats shall be open to all. (b) 15% and 7.5% of seats available in each category mentioned in (a) above shall be reserved for students belonging to the Scheduled Castes and Scheduled Tribes respectively. In their case the minimum qualifying marks, for admission in a course shall also be relaxed by 5% of the maximum marks : Provided that 3% seats available in each category mentioned in (a) and (b) above shall be reserved for physically handicapped students. (c) Provided further that 5% of seats (Subject to minimum of one seat) available in each category mentioned in (a) and {b) above shall be reserved in each department for outstanding cultural activists (d) Provided further that one seat in M. B. A. shall be reserved for the serving/retired defence service personnel if they fulfil the minimum eligibility conditions prescribed for admission. (e) 5% of the seats (Subject to a minimum of one seat) will be reserved in each department for outstanding sportsmen/ women : Provided, however the Vice -Chancellor may amit any student to any class, if he is an outstanding sportsman, who fulfils the minimum eligibility qualification prescribed for admission N B (i) Outstanding sportsman means, a person who has represented India or combined Universities or who has earned distinction of AH India level more than once. -