UNIVERSITY OF JAMMU Vs. MOHAMMAD AKRAM

JUDGEMENT

(1.) We propose to dispose of this group of three cases (L.P.A.(W) Nos. 610/99 - University of Jammu v. Moh'd Akram, LPA(W) No. 614/99 - University of Jammu v. Janaid Hussain; and LPA(W) No. 615/99 - University of Jammu v. Moh'd Rayasat) by this judgment since they raise common question for consideration and decision

(2.) Petitioners filed writ petition in this Court against the respondents seeking admission in disciplines of Law and Geography. In the brochure published by the University of Jammu, 9% seats were reserved for ST candidates including Gujjar, Bakarwal, Gaddi, Sippi and those belonging to backward areas of Leh and Kargil. This part of brochure is quoted below :"(vi) Scheduled Tribes Gujjar, Bakarwal, Gaddi, Sippi and those belonging to backward areas of Leh and Kargil (at least one seat in the course/programme of study will be provided out of this category to candidates belonging to Leh/Kargil even if the candidate belongs to the Second preference category."After publication of the brochure, the University issued corrigendum amending the brochure in the following terms :

(3.) The submission of the petitioners is that after having notified the brochure, University had no authority to issue the corrigendum changing the criteria for admission by including backward area candidates. By adopting this course, their chances have been jeopardised since the admission has been thrown open to more candidates. The contention prevailed with the learned single Judge holding that the criteria once laid down could not be altered to the disadvantage of aspiring candidates and the university has been directed to stick to the old criteria laid down by it. The direction for admitting the petitioners by creation of additional seats has also been issued.