IQRA HASSAN KHAN Vs. STATE OF J&K ORS.

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking following reliefs:-

(2.) The case of the petitioner is that process of admission for five year Law Course was started by University of Kashmir in the year 2007. The petitioner alongwith other eligible candidates sought selection for being admitted to the five year Law Course and the petitioner came to be selected against the payment seat. Admittedly, the process of selection got completed in the month of July, 2007 and the classes also started in the month of July, 2007. Thereafter, somewhere in September, 2007 three candidates who were selected in open merit category to undergo five year Law Course opted out of the course as they did not report to the University from that month onwards. The petitioner filed application to the Vice Chancellor, University of Kashmir in which she prayed for her adjustment against the open merit category seat and for refund of the payment of Rs. 1.00 lac which she had paid as she had been admitted against the payment seat. The official note recorded on the petitioner's application reveals that the admissions were closed and course started from the month of July, 2007. Perusal of the note further reveals that it was provided that refund of payment against payment seats claimed would be given only if vacant seats are filled up on payment seat basis. The note was, however, not approved and it was observed that the request is not maintainable. The petitioner has referred to another notification of University of Kashmir which pertains to the year 2007 in which the candidates whose roll nos. were given in the notification were earlier admitted against payment seats category and later shifted to open merit category because of availability of seats in the open merit category. The petitioner states that she is entitled to re-imbursement of Rs. 1.00 lac which she has paid for having been admitted against the payment seat and by not doing so she has been subjected to violation of her rights guaranteed under Article 14 of the Constitution.

(3.) The respondents have filed their reply and in their reply they have submitted that as the admission for five year Law Course had closed in the month of July, 2007 and classes had started in the same month, there was no occasion of any seat becoming available for being filled up from amongst the candidates who were appearing in the merit list. The respondents have further clarified the position in respect of B. Pharma course by stating that the admission process was still open when the seats in open merit category in B. Pharma course, 2007 had become available and accordingly, candidates next in merit were shifted from payment seats to open merit category seats. The respondents have submitted that the writ petition is not maintainable and as such merits dismissal.