PREM CHAND MEENA Vs. NATIONAL INSTITUTE OF AYURVEDA

JUDGEMENT

(1.) ALL these five writ petitions have been consolidated and heard together on request of the counsel for the parties, as all the petitioners herein have staked their claim for admission on the un-filled seats of Post Graduate Course in Ayurved, which is called Ayurveda Vachaspati ear marked for inservice candidates on the basis of their respective pleas which will be discussed hereinafter. The reason which has given a foot-hold to the petitioner to move this Court for filing the two writ petitions bearing S. B. C. W. P. No. 4436/99 - (Prem Chand Meena vs. National Institute of Ayurveda and S. B. C. W. P. No. 4437/99 - (Ramesh Chand vs. National Institute of Ayurveda) is based on the claim that the un-filled seats ear marked for the SC/st inservice candidates for admission into the Post Graduate Course of Ayurveda should be diverted for admission of the applicants belonging to the reserved category candidates and not to the general category.

(2.) IN so far as petitioners Munesh Kumar in SBCWP No. 4196/99 and Miss. Sharda Tak in SBCWP No. 4181/99 are concerned, they have countered the claim of the aforesaid petitioners on the ground that the un-filled seats ear marked for the inservice candidates cannot be allowed to be diverted into the reserved category in view of the rules laid down in the prospectus for admission itself. According to them the un-filled seats of the inservice candidates has to be left open for admission of the students belonging to the general category according to rule laid down in this regard indicated in the prospectus for admission.

(3.) MR. Ganesh Meena, the counsel for petitioners Ramesh Chand and Prem Chand Meena in SBCWP No. 4436/99 and SBCWP No. 4437/99 on the contrary laid emphasis that the seats ear marked for the inservice candidates out of which 15% were to be kept reserved for natural born S. C. Candidates and 7. 5% for natural born S. T. candidates having not been filled up by the inservice candidates of the reserved category ought to have been treated as un-filled seats meant for the reserved category candidates and hence the petitioners who belong to the reserved category in these two matters ought to be held entitled for seats in the reserved category.