MAHESH KUMAR Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution, seeking mandamus against the respondents to provide him admission in 1st year LL. B. THEre is no dispute that the petitioner had passed his Graduation in Commerce in the year 1987 from the University of Rajasthan and he had obtained 852 marks out of 1700. Thus, he had secured more than 50% of the marks. He was declined admission in LL. B. 1st year by respondent No. 2. Though, in the petition, the petitioner has stated that some of the candidates who had secured less marks were given admission in 1st year LL. B. after giving them the benefit of 5% weightage marks, while the petitioner has not been given 5% weightage marks by the respondent No. 2. However, I need not examine this fact in details, as the respondent No. 2 in its reply, has pleaded inter alia that the petitioner was denied admission as the admission form submitted by him, was incomplete. THE only defect which has been pointed out in the reply is that the petitioner had not submitted original marksheet, original TC and Gap Certificate. THE respondents have also pleaded that the petitioner was not given admission, as at the time of scrutiny of the admission form, it was found that the essential original documents were not filed along with the application, and on this ground, the petitioner's name was not included in the list of the successful candidates, who were given admission. It was also stated that a list of incomplete forms was displayed on the Notice Board of the College on Dec. 3, 1991, & the petitioner's name was included in that list and the candidates were given three days time to submit the requisite documents, but, the petitioner failed to do so. Hence, he was not given admission and his name was not included in the admission list.

(2.) IN rejoinder to the reply, the petitioner submitted that the condition No. 27 is not statutory one and that he had submitted the photostat copies duly attested of all the necessary documents along with the admission form. It was further stated that in the prospectus of University of Rajasthan, Jaipur 1991- 92, General Rules for new admissions applicable to all colleges have been stated. Condition No. 3, which is relevant presently is reproduced as under: - "at the time of submitting his application form, the applicant must furnish attested copies of all documents i. e. , marks-sheets, certificates and Transfer Certificate from the INstitution last attended by him/her. The original should be produced for verification at the time of admission. Un-attested Photostat copies of Certificates and marks-sheets, etc. shall not be accepted. "