NARESH SINGH Vs. STATE

JUDGEMENT

(1.) ADMITTEDLY the requirement of law was that a candidate applying in the Entrance Examinations for admission to the Regional Engineering College under a Reserve Category was obliged to enclose the certificate from a competent authority of his belonging to a reserved category. Admittedly this certificate was to be enclosed alongwith the application for before the last date for this purpose. The admitted case of the petitioner is that he did not enclose such a certificate alongwith the application form, but enclosed a certificate of, what the petitioner Ëœstyles as "under process". The certificate of being "under process" was not a certificate of belonging to a backward area, a reserved category under which the petitioner was seeking admission.

(2.) ADMITTEDLY also the petitioner was sent an admission card for sitting in the examination where in he was informed that he will be considered in the open merit category. On receipt of this admission card, the petitioner gave the examination, but since he was considered in the open merit category, he could not qualify because he did not reach the cut off points on the basis of merit in the Entrance Examination. Once the competent authority had clearly prescribed that only those application will be considered for a reserved category which were accompanied by a certificate of actually belonging to a reserved category issued by the competent authority, no person could claim consideration under such a category merely on the basis and protection of so called "under process" certificate, No fault could be found with the act of the respondents in not considering the petitioner under such a category and in considering him in the open merit category.

(3.) MR . Jhalmoria1 also raised another additional ground that be is being discriminated qua those candidates whose cases were considered even though they had not actually passed the qualifying examination who had appeared therein. There is no parallel between two cases because the students who appeared in qualifying examination have to be given a chance of appearing in the entrance examination basically on the ground that the result in the qualifying examination is declared much after the actual date of the holding of the entrance examination.