Anju Rana vs Vice Chancellor, Jammu University

T.S. Doabia, J.—The petitioner is seeking admission to the B.Ed. course in a nongovernmental affiliated college of Education for the

academic session 199899. The petitioner is neither a graduate of Jammu University nor she belongs to the area coming within the territorial

jurisdiction of University of Jammu. She has passed the basic examination i.e. the Degree course from the University of Himachal Pradesh. She

submitted an application for the B.Ed. course and sought preferential treatment claiming to be the daughter of a defence personnel. As her claims

against this category were rejected, she preferred this writ petition. This petition was admitted on 20th Nov. 1998.

Shri D.S. Thakur, advocate, has put in appearance on behalf of University. He submits that the matter requires interpretation of the relevant

clauses of Brochure under which the admission is to be granted. Under these circumstances, he submits that the parawise reply in the shape of

counter affidavit is not necessary.

In view of the stand taken by the respondent counsel, the petition is taken up for final disposal.

The brouchurecumapplication form makes a provision for the distribution of seats. 75% of the sanctioned seats available in a nongovernment

college of Education are to be filled from amongst the candidates who are either graduates of Jammu University or belong to the area falling under

the territorial jurisdiction of Jammu University but have passed the qualifying examination from the University other than the Jammu University.

Petitioner does not belongs to this category.

The remaining 25% of the seats are to be filled from amongst the candidates who are neither within the territorial jurisdiction of University of

Jammu nor have passed the qualifying examination from Jammu University. The claims of the petitioner can be considered under the

aforementioned quota. The quota so fixed is indicated in paragraph 9 of the brochure. For facility of reference, this is being reproduced below :

(a) 75% of the sanctioned seats available in NonGovernment colleges of Education shall be filled from amongst eligible candidates who are either

graduates of the University of Jammu or belong to areas falling within the territorial jurisdiction of the University of Jammu but have passed the

qualifying examination from University other than the University of Jammu.

(b) Remaining 25% seats shall be filled from amongst eligible candidates who neither belong to the territorial jurisdiction of the University of Jammu

nor have passed the qualifying examination from the University of Jammu.

(c) In case, the number of eligible candidates is less than the number of seats available under (b) above, the unfilled seats may be filled from

amongst the eligible candidates falling under (a) above and vice versa.

Paragraph 9(2)(a) further provides that 70% of the seats available under Statute 9(1)(a) are to be filled from open category. 30% of the seats to

be filled from amongst the candidates belonging to the reserved category. These reserved categories have been indicated in the brochure itself. The

category regarding which the petitioner is seeking benefit is the one where 2% seats are reserved for the children of defence personnel including

exservicemen and have had a satisfactory service record and their children. These 2% of the 30% seats against the main quota of 75% are to go to

the candidates belonging to the category of defence service personnels. The petitioner as indicated above, does not belong to the category 9(1)(a)

and basically she would not be entitled to the benefit of 2% seat quota. 2% seats are meant as indicated above for the quota which is meant for the

category contemplated by Statute 9(1)(a). The above is the plain meaning and reading of the Statute referred to above.

Faced with the above difficulty, the learned counsel for the petitioner submits that in other Courses, the University has made provision for giving

admission to the children of the employees of the Central or State Government, Public Sector Undertakings or any other organisation irrespective

of whether such person is the permanent resident of State of J&K or not. He submits that similar treatment should have been given to the

petitioner's candidature also.

It be seen that the reservation has been made for the Defence Service Personnels. This is with a rider. Basically, the condition imposed cannot

be said to be violative of any constitutional provision. As such, it is not possible to grant any relief to the petitioner with strict interpretation of the

Statute dealing with the subject. The University may, however, consider the desirability of providing some benefit to the category of 25% seats

visualised by Statute 9(1)(b). Let this aspect of the matter be considered and decision taken within a period of 15 days. This period shall,

however, begin from the date, the copy of the order passed by this court today is made available to the respondentauthorities by the petitioner. It is

hoped that some relief would be granted to the petitioner whose father is an employee in the Defence Service who otherwise, would not have any

other avenue for joining the course elsewhere.

Disposed of accordingly.