AIJAZ AHMAD PATHAN Vs. STATE

JUDGEMENT

(1.) WITH agreement of learned counsel, the matter is admitted to hearing and taken up for final disposal.

(2.) CLAIMING to have applied for LL.B course in respondent -university under RBA category, the petitioner is aggrieved by refusal of admission to him as such, and accordingly, seeks a direction against respondents for according him admission as aforesaid, on the ground that being resident of Karna district Kupwara he belongs to RBA category and having entertained his application as such, the respondent -university could not consider him in open merit category, which, in facts attending the matter, resorted in refusal of admission to him, even though he had highest marks among the candidates selected in said category, certificate whereof he produced, only one day after the cut of date fixed for production of such certificate, as he could not manage it in time due to unavoidable reasons.

(3.) IN their reply, the respondents, while denying petitioners right to admission as claimed, plead that category candidates were expressly required to annex relevant certificate to their application forms, while petitioner annexed under process certificate only. Since he failed to furnish the certificate till last date fixed for the same, his candidature was considered in open merit category, as he furnished his category certificate on 11th April 2005 after finalization of the select list, and since he was trailing behind in open merit category he could not find a seat in the course applied for. During course of their brief submissions the learned counsel reiterated the contents of their pleadings with reference to annexures appended therewith.