RICHIKA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) PETITIONER having completed Bachelorâ„¢s Degree in Music after securing 65.48% marks applied for admission in B.Lib. Sc. Course in the University of Jammu for the Session 2004 -05 under the CDP category. On the basis of her merit, the petitioner became entitled for admission when the candidate figuring above failed to join the Course. The petitioner further stated to have approached the respondents -University repeatedly for grant of admission being next candidate in merit and entitled to be considered against the vacant seat in CDP category, but without any response. The respondents -University did not publish the next list nor the reason of delay was conveyed to her. It was only on 7.8.2004, when she again approached respondent No.2, the petitioner was verbally informed that she cannot be considered for admission to B.Lib. Sc. Course on the ground that her Degree is not considered as eligible for the purpose of admission to B.Lib. Sc. Course. The respondents -University, therefore, ignored the claim of the petitioner on the basis of her merit for admission to B.Lib. Sc. Course and, instead without any justification and in arbitrary manner, published a list on 7.8.2004 showing the name of Anil Kumar, who obtained only 64.36% marks, to have been selected for seeking admission to the said Course. However, when Anil Kumar did not join, respondent No.4 was selected under CDP category having secured only 60.78% marks, as against the petitioner, who has secured 65.5% marks and has a better merit, in an illegal and arbitrary manner, which occasioned the petitioner to approach the court seeking quashment of the selection of respondent No.4 against the CDP category seat, by issuing a writ of certiorari and further commanding the respondents -University to grant admission to petitioner in B.Lib. Sc. Course for the Session 2004 -05 being higher in merit to respondent No.4 under CDP category and treating her Bachelorâ„¢s Degree in Music & Fine Arts as eligible and qualifying as per clause 6 and sub clause (D) (ii) of the Brochure issued by respondent No.1, in exercise of its powers vested under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu & Kashmir.

(2.) THE stand of respondents -1 to 3 in their demurrer, filed in the writ petition in admitting the higher merit of the petitioner under CDP category for B.Lib. Sc. Course for Session 2004 -05, is that the Admission Committee, upon scrutiny of the form of the petitioner at the time of considering her name for admission, forwarded her case to the Dean Academic Affairs for clarification as regards her eligibility under the statutory rules. The Admission Committee, however, rejected the case of the petitioner for admission based on the decision dated 19.12.2002 taken by Statutory Committee of Academic Council, wherein it was resolved that the Degree of Music and Fine Arts was recognized for purposes of admission to courses mentioned in the decision other than B.Lib. Sc. Course. It was further stated that in view of the aforesaid decision of the Statutory Committee of the Academic Council, the seat was given to the next candidate, i.e., respondent No.4 as per merit.

(3.) WHEREAS , private respondent No.4 in her counter submitted that the petitioner, being ineligible, was not approved by the Screening Committee and on account of which, the University selected Anil Kumar in CDP category. When the candidate, Anil Kumar, earlier selected and figuring above in merit to the petitioner did not join, respondent No.4, however, came to be selected. It is further stated that there is a vacant seat in ST Category still available in B.Lib. Sc. Course, which is to be converted by the University in another category as in case of MBA discipline. The respondent also submitted that she has been selected by the University on the basis of her eligibility and merit to pursue the Course in B.Lib. Science, and now it cannot be challenged by an unsuccessful candidate (petitioner), whose case for admission has been rejected by the Committee. That the respondent cannot be made to suffer, if any mistake has been committed by the University in declining admission to the petitioner, after the Screening Committee found her ineligible for admission in B.Lib. Sc. Course, being graduate in Music.