NAVEED ANJUM Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) THE petitioner has approached the Court for issuance of a writ of mandamus directing the respondents to select and admit her into Five Years Integrated Law Course under the reserved category meant for the candidates having excelled in the field of Cultural, Literary and NSS activities, in invoking the provisions of Article 226 of the Constitution of India read with Section 103 of the Constitution of J&K.

(2.) ACCORDING to the averments made in the petition, the petitioner has been declared successful in Class 12 from the J&K Board of School Education having secured 49% marks. The petitioner has outstanding record of cultural and literary activities, being an active member of Bharat Scouts and Guides Organization. She is recipient of various awards and certificates including the one from His Excellency, The President of India and His Excellency, The Governor of Jammu & Kashmir. The petitioner further claims to have accomplished many achievements to her credit in the field of cultural and literary activities. Petitioner applied under the Reserved Category of Cultural/Literary activities for admission to Five Years Integrated Law Course in the University of Jammu, and sought consideration for admission in the said category. Further case of the petitioner is that the respondent -University did not accord consideration to her under the reserved category and refused selection/admission despite availability of two vacant seats. The petitioner is aggrieved of the action of respondent -University in ignoring her achievements in the field of cultural and literary activities and denying admission to her to Five Years Integrated Law Course in an arbitrary and unjust manner and in violation of her fundamental right under Article 14 of the Constitution of India, which became the subject matter of challenge in this writ petition.

(3.) THE respondents, in their detailed reply, submitted that the petitioner appeared in the entrance test on 28.9.2003 under the reserved category of Cultural and Literary Activities/NSS and secured 48% marks. It is further stated that the merit is to be determined according to the performance of the candidate in the entrance test and the relevant score in the respective categories under the statutes governing the admission to Five Years Integrated Law Course. Further plea of the respondents is that the achievements of petitioner and the certificates produced, being Rashtrapati Guide, after according consideration for admission, were found to be not included or recognized either in Cultural or literary Activities or in NSS Category. The case of the petitioner, however, was rejected by the Admission Committee on the ground that it is neither covered under the statutes nor SRO 126 for grant of admission to Five Years Integrated Law Course. The respondents further submitted that the eligibility of a candidate is to be determined strictly in accordance with the statutes.