NEELAM (SMT.) Vs. KOTA OPEN UNIVERSITY AND OTHERS

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 13.2.2003 with the prayer that by an appropriate writ, order or direction, the respondents be directed to treat the petitioner as the one belonging to Woman Backward Class Category Candidate and consequently, grant her admission in the B.Ed. Course (2001-03) in accordance with her merit position.

(2.) In this petition, it has been submitted by the learned counsel for the petitioner that though the petitioner secured more marks than the last admitted candidate in woman OBC category, but she was not given admission merely on the ground that she has not ticked against 'W' category though in the admission card Annex. 2, her name was shown as Neelam Gehlot and photograph attached in it also reveals that she is a lady and on similar and identical facts, this Court in S.B. Civil Writ Petition No. 220 of 2003 : Smt. Nitesh v. Kota Open University and others,2004 3 SCT 689 decided on 10.2.2004 held that denial of admission to the petitioner of that case in B.Ed. Course 2001-03 by the respondents merely on the ground that she has not ticked against 'W' category was not justified and it amounted to infringement of legal right and, therefore, while allowing that writ petition, this Court directed the respondents to give admission to the petitioner of that case in B.Ed. course in accordance with her merit in woman OBC category and thus, in these circumstances, this petition also deserves to be allowed in the light of the observations and directions made in the judgment in the case of Smt. Nitesh .

(3.) The learned counsel for the respondents does not convert the aforesaid submission and factual position.