BIHARI LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Claiming himself to be the only eligible candidate for the second seat reserved for the candidates belonging to backward areas and who have passed two examinations but of Primary/Middle/Matriculation/10+2 from the Schools located in the backward area for admission to B.A.M.S. Course in the Sessions 2002-03, in Himachal Government Institute of Post-Graduate Education and Research in Ayurveda, Paprola, District Kangra (hereinafter called "the Institute") the Petitioner has assailed the admission granted to Respondent No. 3, Sonu Ram, inter alia, on the ground that he had not submitted the requisite certificates within the stipulated period as per the Prospectus, rendering him ineligible for the admission.

(2.) The undisputed facts arising out of the pleadings of the parties and record produced by Respondents No. 1 and 2 are that both the Petitioner and Respondent No. 3 appeared in the Entrance test for admissions to the Course in question on 18.8.2002 and the result was declared on 27.8.2002. The initial merit list was prepared and notified on 13.9.2002 by the H.P. University. As per the Prospectus under Group I, 36 seats were meant for bona fide Himachal out of which two seats were reserved for candidates belonging to backward areas and who have passed at least two exams out of Primary/Middle/Matriculation/10+2 from schools located in backward areas. In the Merit list dated 12th September, 2002, besides the names of two candidates against the two seats meant for candidates of backward area, waiting list of 9 candidates was prepared. The names of Respondent No. 3 with 84 marks and the Petitioner with 80 marks find mention at Sr. Nos. 4 and 7 respectively thereof.

(3.) As per Note 1 in the merit list dated 12.9.2002, the candidature of the candidates was purely provisional subject to fulfillment of various requirements as mentioned in the prospectus, which was to be finally checked/ verified by the Counseling/Admission Committee or Principal at the time of Admission. Further as per Note 2, the merit candidates along with waiting as per available seats given in the Prospectus were called for Counselling/ Admission through registered letters separately to report to the Principal of the Institute at Paprola District Kangra on 27.9.2002.