VIJAY SINGH MEENA Vs. JAI NARAIN VYAS UNIVERSITY

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the respondent University may be directed first to give admission to the petitioner and the respondents No. 2 and 3 may exercise his choice afresh after he has been informed of his changed position.

(2.) THE petitioner took his Pre Engineering Test (for short 'PET'), 1992 and in which he has secured 110, 121 and 124 marks out of 900 in Physics, Chemistry and Mathematics respectively. The total marks obtained by him work out to 355. The petitioner obtained 33% marks in each subject in the PET Examination. It is alleged that the petitioner is not likely to get admission unless the provision is correctly interpreted. It is submitted that one of the candidates Manoj Kumar bearing Roll No. 7488 secured 92, 88 and 175 marks in Physics, Chemistry and Mathematics respectively and has thus failed as he has not secured 33% marks in Physics and Chemistry. However, he has been interviewed by the respondent University on 9.8.1992 and was placed at S. No. 1 in the waiting list. He was given admission in Engineering College, Rourkela in Civil Engineering Branch. It is also submitted that another person Chhuttan Lal bearing Roll No. 6209 secured 96, 148 and 82 marks in Physics, Chemistry and Mathematics respectively. Though he failed as he did not secure 33% marks in Physics yet he was interviewed and was placed at S. No. 29 in the merit list. It is submitted that Chhulan Lal has not joined the course as he has joined I.T.I. It is submitted that besides these two persons a number of persons belonging, to Scheduled Caste to which the petitioner belongs, have been interviewed and thereafter admitted in the engineering course in various colleges of Rajasthan in the similar manner. It is submitted that the petitioner was also called for interview on 9.8.1992 and he was given admission in the Agricultural Engineering in the College of Technical and Agriculture Engineering, Udaipur. But it is alleged that the petitioner if succeeds in this writ petition his merit is likely to alter and he is entitled to admission in other specialities as per his merit.

(3.) THE contention of the petitioner is that as per the above Instructions the candidate is required to have atleast 33% marks in each paper i.e. Physics, Chemistry and Mathematics at the Pre -Engineering Test to qualify for admission to the B.E. of course subject to availability of seats. But for SC/ST candidates the condition of 33% marks in each paper has been relaxed by 5%, if the SC/ST candidates are not available. Even after the above relaxation still SC/ST candidates are not available then vacancies will be left unfilled except for REC's for which separate rules exist to fill up these vacancies. The main emphasis of the learned Counsel for the petitioner was that if any candidate who has obtained 33% marks in all 3 subjects i.e. Physics, Chemistry and Mathematics at the Pre -Engineering Test is available then he will be entitled to be first admitted against the SC/ST quota subject to availability of vacancies. According to the learned Counsel the petitioner has secured 33% marks in all 3 subjects, therefore, he is entitled to admission to the course. It is submitted the some of the candidates who did not secure 33% marks in each, of the subjects though their aggregate marks were more than that of the petitioner still 5% relaxation has been given to such candidates in the subjects they have failed and they have been admitted over the petitioner, whereas this relaxation should have been given if there are vacancies available after admitting candidates who have secured 33% marks in each paper. But this was not done, therefore, the whole process stands vitiated.