ARVIND GOSWAMI Vs. VICE CHANCELLOR

JUDGEMENT

(1.) HEARD learned counsel. Writ Petition is admitted and is taken up for final disposal with consent of learned counsel appearing for the parties, keeping in view the nature of controversy involved in this case which primarily concerns the admission of a student to M. Sc. in Chemistry in 1998 -99 Session.

(2.) IT is not in dispute that University of Jammu had issued application forms for admission alongwith brochure containing information about courses/programmes of study in the teaching departments of the University for 1998 -99 session. It is further not in dispute that reservations were made for different categories of students and explanation at page 34 of the brochure, is to the following effect: - "1. Cultural/Literary Activities will include Painting/Sketching/Poster -making, Cartooning, Collage, Clay, Modelling, Rangoli, Debate, Elocution, Poetry Recitation, Quiz, Light Vocal, Classical Vocal, Western Vocal, Western Group Song, Classical Instrumental (Non -percussion) Group. Song (Indian), classical Dance, Group Dange, Mime, Short Story, Photography, Skit, One Act Play and Essay competitions. The participation in the aforesaid activities will earn credit provided they are organised and or authenticated by the Director of Youth Welfare, University of Jammu. The certificates issued by the competent authorities under Statute 16 D. IV (1 to 5) shall only be entertained for admission under category of Cultural and Literary Activities. Such activities, if carried out by any organisation/teaching department of the University/affiliated College/Social Cultural and Literary Organisations/ Clubs shall not be considered." From the record it is revealed that petitioner applied for being admitted to M.Sc. Chemistry course in the category reserved for candidates claiming reservations in cultural and literary activities. His application has been turned down by respondents vide communication no. DAS/98/ 2512 -40 dated 6 -10 -1998 (Annexure A) issued by respondent no. 5. It is this order that has been impugned by petitioner in the present writ petition.

(3.) NOTICE was issued to respondents who have put in appearance through their learned counsel Shri D. S. Thakur. As per stand taken up by respondents in their objections, issuance of brochure for the session 1998 -99 is admitted. However, reasons for not admitting the petitioner to the course in question is stated in the following terms: "As per the Statutes, as reflected in the Information Brochure, the minimum eligibility for admission in the cultural and literary activities category was 8 marks out of maximum 40 marks. After the publication of the Information Brochure, the University envisaged a situation wherein a candidate could secure more marks than 40 in the tenure of graduation course running for a period of 3 years. Accordingly a simple procedure was adopted that the inter se merit would be calculated on the basis of 40 marks each of the 3 years Bachelor Degree Course thus the assessment could be made by the University finally out of 120 marks (40x3). Corresponding minimum marks which were earlier fixed at 8 marks out of 40, similarly multiplied by 3 (8 x 3). However, in order to further increase the zone of consideration amongst student in this particular category, it was decided to reduce the eligibility by 50% from 24 to 12. According a uniform selection process was conducted which was applied uniformly in all the categories amongst others in the Department of Chemistry. The petitioner according to this method of calculation did not become eligible for consideration and therefore, was not selected." So far prospects issued by Institution are concerned they have the force of law. Please see AIR 1972 Himachal Pradesh 37, Kumari Manjoo and another vs. State of H. P. & another.