Arun Kumar vs Guru Jambheshwar University

R.C. Kathuria, J.—In this petition, the petitioner has prayed for issuance of a writ of mandamus directing the respondent to admit him to the Master of Computer Applications (hereinafter referred to as M.C.A.) course for session 2000.

The petitioner is a resident of Village Bawwa, Tehsil Kosli, District Rewari. He passed his Matriculation examination from Government High School, Karoli, District Rewari and thereafter cleared his 10+2 examination from an educational institution at Gur-gaon. He belongs to a rural backward area. He obtained Bachelor Degree from Himachal Pradesh University through Correspondence Course. In pursuance to the admission notice published in various newspapers on 25.4.2000 for M.C. A. course, which is of three years duration, the petitioner submitted his application along with requisite documents seeking admission under reserve category of Backward Class (Block- B). In the result declared by the Guru Jambheshwar University (hereinafter referred to as the University), he was placed at rank No. 2 in B.C.-B category as per notification dated 13.7.2000. He appeared on 25.7.2000 with original certificates and other required documents before the Counselling Committee. He was informed that he cannot be granted admission to the course as he has not passed the qualifying examination, a bachelor degree in terms of the requirement under the eligibility condition contained in Chapter 7 of the prospectus from a university/college situated in the State of Haryana and that he is not the child of the employee appointed on regular basis of Haryana State Government/members of All India Service borne on Haryana cadre/Statutory Bodies/Corporations established under the Act of the State of Haryana, whether posted in Haryana or outside as prescribed in Important Notes 1 and 2 respectively of Chapter 9 of the prospectus. It has been averred by the petitioner that on the date of counselling, 22 seats belonging to B.C.-B category were available for admission and despite he being at rank No. 2 in the same category, admission has been denied to him against the provisions providing reservation of seats contained in Chapter 9 of the prospectus illegally and arbitrarily by the respondent. Impelled by these circumstances, he invoked the jurisdiction of this Court under Article 226 of the Constitution of India.

The respondent has contested the claim of the petitioner. It has been pleaded in the written statement filed by the respondent that though the petitioner has secured second rank in the merit list of B.C.-B category and his position stood at No. 4 as a result of tie-break, still he was not eligible for admission to the M.C. A. course as he has passed his qualifying B.A.-III examination from Himachal Pradesh University, Shimla and that he is not the child of Haryana Government employee as his father has retired as S.S. Master from Government High School, Mohindergarh on 31.1.1991 in terms of the eligibility criteria laid down in the prospectus. Thus, the respondent justified its action in denying admission to the said course to the petitioner.

We have heard counsel for the parties and have gone through the record of the writ petition.

The controversy in this case turns around primarily on the interpretation put up by the parties with regard to the eligibility conditions laid down in the prospectus. Therefore, the relevant provisions of the prospectus have to be noticed in detail and the same read as under:

"Chapter: 9 Reservation of Seats

(A) 50% of the seats are reserved for Scheduled Castes/Backward Classes/Orthopaedically Handicapped/Dependent of Freedom Fight- ers/E.S.M. and their wards belonging to Haryana State:

Sr. No.

Category

Seats(%)

(i-a)

SC/ST(Block ''A'')) Appendix-

10%

(i-b)

SC/ST (Block ''B''))

10%

(ii-a)

BC (Block ''A'')) excluding creamy ) Appendix-layer) II

16%

(ii-b)

BC (Block B), excluding)

11%

(iii)

Orthopaedically handicapped

01%

(iv)

Dependant of freedom fighters

01%

(v)

ESM and their Wards)

01%

(The reservation of seats will be as per State Government Reservation Policy and subject to any change/amendment made by the Govt. from time to time)

(B) 35% of the total seats shall be open and reserved for the candidates belonging to Haryana as defined below under clauses (1) to (4) of Important Note.

(C) The remaining 15% seats shall be open and filled up on All India basis including Haryana.

Important Note:

A candidate who has passed his qualifying examination from a University/College situated within the State of Haryana will be deemed to be Haryana resident/domiciled and will not be required to submit certificate of bona fide resident of Haryana.

The children/wards (if parents are not living/de-pendents of the employees, appointed on regular basis, of Haryana State Govt./members of All India Service borne on Haryana Cadre/Statutory bodies/Corporations established by or under an Act of the State of Haryana whether posted in Haryana or outside (Such candidates will submit a certificate to this effect from the employer in the proforma given as per annexure-VIII).

The children/wards (if parents are not living)/de-pendents of the employees of Indian Defence Services/Para-military Forces belonging to Haryana State at the time of entry into Service as per their service record (Such candidates will submit a certificate in the proforma given as per annexure-IX from the Officer duly authorised by the Army/Navy/Air Force/concerned Para- military Forces Headquarters, as the case may be.)

The children/wards (if parents are not living)/de-pendents of Ex- employees of Indian Defence Services/Para-military Forces belonging to State Haryana at the time of eniry into service as per their service record, who retired from service on or after first April of the preceding year of admission (Such candidates will submit a certificate in theproforma given as per annexure-X from the Officer duly authorised by the Army/Navy/Air Force/concerned Para- military Forces Headquarters, as the case may be.)

The Reservation of 50% of seats which shall be reserved for Scheduled Caste/Backward Class/Or-thopaedically Handicapped/Dependent of Freedom Fighters/ESM and their wards belonging to Haryana State as per Haryana Govt. Reservation Policy, shall not be applicable to self-financing institutions as per decision of Hon''ble Punjab and Haryana High Court in CWP No. 9945 and 11050 of 1999. It is, however, made clear that A.I.C.T.E. shall be free to issue guidelines for making reservation of seats for women, physically handicapped and weaker sections of the society including Scheduled Caste/Backward Class etc. in accordance with Section 10(e) of the Act and in that event, the self-financing institutions shall be bound to reserve the seats in accordance with such guidelines.

A candidate who applies for both reserved and open categories will be considered first in open category. In case he is not selected in open category, he will be considered in reserved category.

The seats remaining vacant under reserved category will be filled up from the General category candidates belonging to Haryana.

If the seats from Scheduled Caste Block ''A'' are not filled up, these may be filled from Scheduled Caste Block ''B'' and vice-versa.

The candidate who wishes to be considered for res- ervation under category of Backward Classes shall also have to furnish an affidavit (Annexure-IV) to the effect that he/she is not covered under the criteria of creamy layer. The said ''affidavit shall be furnished by the father and mother of the candidate separately. List of backward classes notified by the State Government vide circular No. 1-883-SK(I)-95 dated 28.9.1995 and also Circular No. 1170-SW(1)- 95 dated 7.6.1995 for exclusion of socially advanced persons/sections (creamy layer) from Backward Class is available at Appendix- II.

Children or Grand-children (Maternal and Paternal) of Freedom Fighters who wish to be considered for reservation must submit a certificate from the office of the Chief Secretary of the State (Annexure-VII).

As per Haryana Govt. Notification issued by the Chief Secretary to Govt. of Haryana vide letter No. 22/34.98-3GSIII dated 5.5.1999, the reservation of 1% for Orthopaedically Handicapped shall be as under:

Physically Handicapped

(blind or low vision, hearing impairment, Locomoter disability or cerebral palsy.)

(Certificate as per annexure-V).

Children/Wards of military personal (including personnel of para-military forces) killed in action or permanently disabled in action and boarded out from the service or children/wards of ex-servicemen will be considered for reservation as children/wards of ex-servicemen.

If a candidate belongs to more than one reserved category, he/she shall be required to give his/her preference at the time of filling up of the admission form. Preference once given shall not be changed."

In this case, there is no controversy in respect of 35% of the total seats reserved for candidates belonging to Haryana as defined in clauses (I) to (4) of the Important Note of the prospectus. Furthermore, the petitioner has not claimed admission under the remaining 15% of the seats which are to be filled up on all India basis including Haryana. The claim of the petitioner is only in relation to 11% of the seats provided for B.C.-B Block excluding creamy layer category out of 50% of the seats reserved for Scheduled Caste/Backward Class/Orthopaedically Handicapped/Dependent of Freedom Fighters and ESM and their wards belonging to Haryana State. Therefore, for the purpose of determining the eligibility, the principal requirement laid down in the prospectus is that the candidate should belong to the Backward Class Notified by the State Government vide circular letter No. l-883-SK(I)-95 dated 28.9.1995, details of which have been given in Appendix-II attached with the prospectus and, at the same time, the candidate has to furnish an affidavit regarding his claim under the category of respective Backward Class stating therein that he is not covered under the criteria of creamy layer. Circular No. 1170-SW(1)- 95 dated 7.6.1995 prescribes for exclusion of socially advanced persons/sections (creamy layer) from the Backward Classes. Therefore, the only requirement in terms of clause (A) of Chapter 9 seeking reservation in respect of the category B.C.-B excluding creamy layer is that he should belong to Haryana.

The petitioner has produced on record Backward Classes certificate dated 17.7.2000 (Annexure-P.1) issued by the Sub Divisional Officer (C), Kosli (Rewari) in support of his claim. The contents of this certificate read as under:

"On the basis of the report of Tehsildar/Secy., M.C., Kosli, this is to certify that Arun Kumar S/p Shri Chiranji Lal, Village Bawwa, Tehsil Kosli, District Rewari in the Haryana State belongs to the Ahir Community, which is recognised as a Backward Class under the Government of Haryana letter No. 1170-SW(1)95 dated 7.6.1995 issued by Commissioner & Secretary to Govt. Haryana Welfare S/C and B/C Deptt., Chandigarh. It is also certified that he/she does not belong to the person Section creamy layer) mentioned in Annexure "A" of letter No. 1170-SW(1)95 dated 7.6.1995 and letter No. 1883- SW(1)95 dated 28.9.1995."

The petitioner has also furnished on record the certificate Annexure-P.2 from the Sub Divisional Officer (C), Kosli (Rewari) dated 15.6.1000, where it has been certified by him that Arun Kumar son of Shri Chiranji Lal, resident of Village Bawwa, Tehsil Kosli, District Rewari holds immovable property at Bawwa in the State of Haryana for the last 15 years and is resident of Haryana. He has further stated that he falls in category-V vide Haryana Govemment letter No. 62/17/95-6GSI dated 3.10.1996. Copy of Haryana Government letter No. 62/17/95/6GSI dated 3.10.1996 (Annexure-P.3) has also been placed on record by the petitioner. Clause (v) of this tetter reads as under:

"(v) Children/wards (if parents not liying)/depend-ents of persons, who have been residing in Haryana for a period of not less than 15 years or who have permanent home in Haryana but on account of their occupation they are living outside Haryana."

From the above noted documents, it is clearly brought on record that the petitioner belongs to the category B.C.-B (excluding creamy layer) belonging to the State of Haryana.

During the course of arguments, the only plea advanced by the counsel for the respondent to deny petitioner''s claim is that the clause of reservation so prescribed in the prospectus as contained in Chapter 9 have to be read along with provision contained in Notes-1 and 2 of the Important Notes contained in the prospectus and as the petitioner does no fulfil the requirement of these two clauses of the prospectus, admission cannot be granted to him.

After giving a thoughtful consideration to the stand taken from the side of the respondent, we find no merit in the same. It is well settled that the prospectus issued for admission for a course has the force of law. The provisions contained therein not only bind the candidate but equally the University under whose authority it is issued. Therefore, while interpreting the provisions of a prospectus, Court is required to see that the eligibility criteria and conditions laid down in the prospectus are strictly adhered to so that right of the eligible candidates is not frustrated. Coming to the stand taken from the side of the respondent, reading of provisions contained in Notes 1 and 2 under the caption ''Important Notes'' of the prospectus would indicate that insistence of their compliance would primarily relate to 35% of the total seats which are open and reserved for the candidates belonging to Haryana as defined in clauses (1) to (4) of the Important Notes. Therefore, this eligibility criteria is confined to reservation for 35% of the seats so prescribed in the prospectus and not to the reservation of 50% of the seats as provided in clause (A) of Chapter 9 of the prospectus.

It was also submitted by the counsel for the respondent that the intention of the authority, who had prescribed clauses (1) to (4) of the Important Notes, was to regulate the admission of 50% of the seats so reserved in clause (A) of Chapter 9 as well. The stand taken is not spelt out from the provisions of the prospectus. If such a construction of the provisions of the prospectus is accepted that would definitely violate the requirement of the eligibility criteria laid down in clause (A) of Chapter 9 of the prospectus. Therefore, we find absolutely no force in the stand taken from the side of the respondent. We have come to the conclusion that on unjustified grounds, admission to the M.C.A. course has been denied to the petitioner by the respondent.

For the aforesaid reasons, we accept the petition and direct the respondent to grant admission to the petitioner to M.C.A. course for the session 2000.

Petition allowed.