PARVEEZ KHAN Vs. STATE

JUDGEMENT

(1.) By the medium of this writ petition, the petitioners are seeking a writ of mandamus commanding the respondents to admit them to pursue B.Ed. Course through Directorate of Distance Education, University of Kashmir for the session 2012-13 after following the reservation policy as pro-vided in the Statutes and the Reservation Act and also provide teaching/non-teaching staff for the B.Ed. Course commensurate to the intake capacity; with a further prayer for issuance of writ of certiorari quashing the no-tification issued by the University of Kashmir for granting admission in the B.Ed. Course through Directorate of Distance Education, on the grounds taken in the writ petition.

(2.) It is contended that the Directorate of Distance Education, University of Kashmir issued notification for admission to B.Ed.M.Ed. course for the session 2012 and the eligibility criteria for B.Ed. Course was not less than 45% marks at the graduation level. Petitioners belong to Scheduled Tribes and RBA categories, but as no reservation was provided in the notification, therefore, they had no option but to apply without availing the benefit of reserved category certificates. Thereafter selection notification was published in a daily newspaper on 07-06-2012 but no benefit was given to the reserved category candidates. Being aggieved, petitioners made a representation, but the respondents did not consider the same. It is con-tended that though the University is follow-ing the reservation policy in case of regular courses, but the same is not being followed by the Directorate of Distance Education.

(3.) Respondents have filed the reply resisting the petition.