MOHOMMED RAFIQUE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition filed under Article 226 of the Constitution of India, the petitioner, Mohammed Refique, is seeking to challenge the admission of Respondents Nos. 4 and 5, Shri Sharvan Singh and Shri Shri Gopal Singh, in the Bachelor of Veterinary Science and Animal Husbandary (B.V Sc. and A.H.) Course at the College of Veterinary and Animal Science, Bikaner (hereinafter referred to as the College) in the academic year 1979 -80.

(2.) THE College is affiliated with University of Udaipur and it admits students for the B.V. Sc. and A.H. course of the University of Udaipur. A notice prescribing the admission procedure containing rules of admission for the year 1979 -80 was issued by the College. In the said rules of admission the conditions for eligibility for admission to the various courses run by the College, including the B.V. Sc. and A.H. course, were set out. For candidates seeking admission in the B.V. Sc. and A.H. Course,, it was prescribed that they should have secured a minimum of 45% overall marks in the 1st year TDC with science and Biology or B. Sc. (Agri.) Part I. In the said rules of admission it was also provided that certain seats would be reserved for students belonging to certain categories. Amongst the categories in respect of which reservation had been made was included the reservation of two seats for, the, State nominees in the B.V. Sc. and A.H. course. On 11th June, 1979 ' the State Government issued a notice whereby it declared that the nominations for the seats reserved for State nominees for the various courses in the University of Udaipur would only be made from amongst candidates belonging to scheduled castes, scheduled tribes, minority community and war orphans. By the notice aforesaid applications were invited from students falling in the aforesaid categories.

(3.) IN the writ petition, the petitioner has submitted that the nomination of respondents Nos. 4 and 5 for admission to the B.V. Sc and AH. course is illegal and, in violation of the guide lines contained in the notice dated 11th June, 1979 issued by the State Government with regard to nomination for the seats reserved for State nominees. In the writ petition, the petitioner has also pleaded 'that the petitioner is entitled to be considered for admission is as much as he had been duly recommended by the State Government on the basis that he belongs to the minority community. In the writ petition the petitioner has also challenged the constitutional validity of the provisions with regard to reservation of two seats for State nominees contained in the admission procedure notified by college on the ground that the aforesaid reservation is violative of the provisions of Article 14 of the Constitution in as much as the reservation of certain seats for State nominees does not Sub -serve the object sought to be achieved namely to get best amongst the student population for admission into professional colleges. In the writ petition, the petitioner has prayed that the Dean of College may be directed to consider the candidature of the petitioner as recommended by the State Government in its letter dated 27th August, 1979 treating him to be a person of minority community. In the alternative the petitioner has prayed that the reservation made in the admission procedure be quashed and admission of respondents Nos. 4 and 5 be set aside.