ALKA KUMARI Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) The above writ petition has been filed seeking for quashing the merit-list drawn by the first Respondent in respect of the category of backward area candidates as published in Annexure P-6 and for a consequential direction to the first Respondent to redraw the merit list as per the criteria laid down in the prospectus for the category of backward area seats in MBBS and BDS courses reserved for candidates of backward area in seriatim (a) then (b) and finally (c) and also for a direction to allow the Petitioner to be present for the counseling to be done for the category of backward area candidates.

(2.) The case of the Petitioner is that she is a permanent resident of village Khanot, Baldwara Post, Sarkaghat Tehsil, Mandi District, that she passed her Middle standard examination from H.P. Board of School Education while studying in Government Senior Secondary School, Sundla, Salooni Tehsil, Chamba District, in March 1993 with first division, that, thereafter, she passed her Matriculation examination in March 1995 from the Himachal Pradesh Board of School Education while studying in Government Senior Secondary School, Sundla, referred to above, and finally she passed her Senior Secondary examination (12th class) in the year 1997 from Punjab School Education Board with first division. She also obtained a cerificate in Form Appendix A-7 that Matriculation examination and Middle examination were passed by her while studying from Government Senior Secondary School, Sundla, which falls under backward area under Notification No. PLG -F (BASP)-1/95 dated 16.6.1995 issued by the Financial Commissioner (Planning), H.P. Shimla, from the Tehsildar, Sundla. The Petitioner submitted her application for the common entrance test conducted by the Himachal Pradesh University for admission to the professional Graduate MBBS/BDS Courses for the session 1998-99. The common entrance test was conducted on 28.6.1998 and the Petitioner secured 197 marks out of 300 Marks. On the basis of the results of the common entrance test the first Respondent prepared merit-list of each category of candidates including the waiting list of candidates and such results were said to have been published in various Newspapers having circulation in the Himachal Pradesh. A copy of such news cutting containing the results has been filed as Annexure P-6. From the prospectus, it could be seen that consideration for admission would be generally under Group-A (Reserved Categories) and Group B (Unreserved Categories). So far as the reserved categories are concerned, item No. (7) pertains to reservation in respect of candidates from backward area. Besides notifying the number of reserved seats for such category in different colleges, it has been stipulated in the prospectus with reference to the criteria to be satisfied to claim the benefit of such reservation in respect of backward categories as follows:

(3.) The grievance of the Petitioner as could be seen from the petition and as elaborated at the time of arguments by the learned Counsel, is that the merit-list prepared by the first Respondent for the category of seats reserved for backward area has been wrongly drawn and published, that the procedure and conditions stipulated in the prospectus has not been properly observed and that according to the Petitioner, merit-list was to be drawn firstly amongst the candidates, who have passed atleast two examination, Primary/Middle/High 10+2 from the schools located in the backward area and in the present case, the said procedure and criteria was not followed and instead the merit-list has been prepared from amongst the candidates belonging to backward area by following condition (b), noticed above, and, therefore, the results published in respect of that reserved category should vitiate. The further averment was that though the candidates having Roll Nos. 6873, 6923, 6803 and 6999 belong to backward area, they do not fulfil the condition of at least passing two examinations from schools situated in backward area and similarly those bearing Roll Nos. under waiting list 6997 and 6996 also do not belong to the category of candidates who passed two examinations from schools located in the backward area, and, be therefore, the list is liable to the quashed in respect of this reserved category of seats and the list as a consequence thereof has to be redrawn. Though some other points have also been raised, they have not been pursued at the time of hearing and the only ground on which the claim of the Petitioner was projected proceeded on the interpretation to be placed on the criteria in the prospectus which should govern the selection for admission to this reserved category of candidates from backward area and according to the Petitioner, as pointed out earlier, first the candidates who have studied and passed at least two examinations from the schools located in the backward area must be considered though such candidates are not having permanent residence at such backward area.