Mamta Singh vs Banaras Hindu University and Others

U. P. Singh, J.—The petitioner has prayed for a writ of certiorari to quash the order contained in the letter dated 16121994, issued by the Registrar of the Banaras Hindu University, on the ground that the reservation weightage under Clause 16 (b) and 16 (d) of UET Bulletin are violative of Articles 14, 15 and 29 (2) of the Constitution of India.

Clauses 16 (b) and (d) are relevant to be noticed :

"(b) 15% supernumerary seats for sons/daughters of permanent in service employees of the University provided they qualify the test."

And

"(d) A weightage of 10 marks will be given to the candidates passing the qualifying examination from C. H. S. (Boys and Girls, Ranvir Sanikrit Vidyalay, Ventral School (BHU Campus) and from Banaras Hindu University, for deciding the merit provided they qualify, the test."

2 The petitioner appeared in the admission test for 3 year LL. B. Degree Course of Banaras Hindu University in the Session 199495. Her roll number was 56411 and she claimed to have obtained 224 marks out of 300, i.e., 74.7%.

3 It appears that earlier in Writ Petition No. 37110 of 1994, the petitioner had challenged the validity of clauses 16 (b) and 16 (d) and the reservation of 10% of seats to backloggers of Banaras Hindu University before this Court and claimed her admission in the 1st year Course of LL.B. for the session 199495. The writ petition was disposed of by an order of this Court on 23111994 directing the Dean Faculty of Law to decide and transpose of the representation of the petitioner, pending with the said respondent in respect of the challenge of the aforesaid reservation/weightage as contemplated under Clause 16 (b) and 16 (d). Accordingly, the representation, was moved on 25111994. The Registrar of the University in his communication dated 161219 M informed the petitioner that for the reasons stated therein, the request of the candidate could not be acceded to regarding her admission in LL B. Part I Course of the University in the Session 199495 The said letter dated 16121994, contained in Annexure A4 of the writ petition is relevant to be quoted :

"Dr S. K. Srivastava, Gram : Hindu University

Ph. D., FIETE, FIE, Telex : 0515304 BHU IN

Professor of Electronics FAX : 91542312059

AND Phone : Off : 311558

KULSACHIV Res. 311852

RPGISTRAR Kashi Hindu Vishwavidyalaya

Varanasi221005

Banaras Hindu University VARANASI221005

16th December, 1994

LC/9495/W/357

To,

Km. Mamta Singh,

D/o Sri D. S. P. Singh,

r/o 61/5E, Malviya Road,

George Town,

ALLAHABAD

Sub : W/P No. 37110 of 1994

Km. Mamta Singh v. BHU

Madam,

Please refer to year representation dated 25111994, addressed to the Dean, Faculty of Law, BHU, enclosing therewith the order dated 23111994 of the Hon''ble High Court at Allahabad, I am to quote hereunder the reply of the Dean, Faculty of Law, BHU (respondent No. 4) of the above noted W/P, in connection with disposal of your aforesaid representation regarding admission in LL.B. Part 1 Course of this University 199495 session :

(1) I reply to para 1, it is stated that |the rules regarding (a) the reservation of 15% seats for sons/daughters of University employees are supernumerary, (b) reservation of 10% seats for those students of BHU who have to appear in supplementary exams, to be held just after the regular examination of the University candidates in addition to marks obtained by them in UET, are the University rules for admission, and Dean is not empowered to change any of these rules.

(2) In reply to para 2, it is stated that for general candidates the last UET index for admission to LL.B. Course has gone down only upto 234 and, therefore, as per existing University admission rules, the Dean is not empowered to grant admission to the petitioner whose UET index is only 224.

(3) In reply to para 3, it is stated that the Dean is not empowered to examine the validity of the reservations and weightage as mentioned in para 1 in the light of the authorities quoted in the present para.

In view of the facts stated above the request of the candidate cannot be acceded to.

Yours faithfully,

Sd/ S. K. Srivastava,

16121994

REGISTRAR.�

The challenge to the clauses 16 (b) and 16(d) as violative of Articles 14, 15 and 29 (2) of the Constitution of India, has been reiterated over again, which was also raised in the earlier writ petition as also in the representation before the Dean Faculty of Law of the Banaras Hindu University.

in order to appreciate the contention, it is relevant to notice the special status of the Banaras Hindu University in the country. The Banaras Hindu University is one of the biggest Universities of the country The staff of the University drawn from all parts of the country. This has been carried out from the time of Late Mahamana Madan Mohan Malviya Ji, the founder of the University, who in his zeal to establish a true National University, persuaded good academicians and teachers from all over the country to join the Banaras Hindu University. The staff of the University, who have thus come from all over the country and devote their life time in the University, arc provided the aforesaid facility of education to their children, which not only works as an incentive for them but also ensures their continued devotion to the University and also instills a sense of belonging to them The aforesaid facility is not only in the said University but is also provided by other institutions, run by the Defence Services and Railways. Apart from the aforesaid facility, the said Departments of the Central Government provide a host of other facilities to their own staff like free travel facility etc., which taken cumulatively, affords a package of institutional incentive to the employees, which helps in ensuring excellence of work and continued devotion and sincerity of the employees.

In Banaras Hindu University, almost all the staff of the University, except those who have their own residential houses, who are comparatively few in number, reside within the University campus in the accommodation provided to them in the campus itself. It is primarily because of this that University provides facility for the education of children of its staff and for this purposes, the University maintains the Central School within its campus wherein, only the wards of the Banaras Hindu University employees are admitted. In order to afford continuity of education within the campus, which is preferred by parents pupils and teachers alike, the aforesaid quota or supernumerary seats has been allocated in all the nontechnical courses of the University.

The 15% supernumerary seats, allocated by the University for the admission of the sons and daughters of permanent in service employees of in LL.B. First year, is not a reservation affecting the open admission on the existing sectioned strength of 250 seats for the general candidates. For decades, this quota of the said supernumerary seats had been continuing in the University. Earlier, the said quota was 10% of the existing strength, which was subsequently enhanced to 15% by the Academic Council vide its resolution dated 2761993. The resolution reads

�Copy of the Academic Council resolution No. 6 dated 2761993 duly approved by the Executive Council vide its resolution No. 175 dated ll12th September, 1993.�

�6. CONSIDERED the question of adopting a uniform policy for granting of weightage and reservation of supernumerary in various courses of studies in service employees of the University.

After a prolonged discussion in which majority of the members present expressed their views on the issues IT WAS UNANIMOUSLY RESOLVED TO RECOMMEND TO THE Executive Council that

(i) the existing 10% quota of seats reserved on a supernumerary basis for admission of the sons and daughter of the permanent in service employees of the University to various courses (excepting professional courses under the Faculties of Engineering and Technology, Medicine and Management Studies) be raised to 15% and this be implemented from the session 199394 and onwards.�

On a bare perusal of'' the terms of the aforesaid resolution of the Academic Council, it would appear that the weightage reservation of supernumerary seats for sons and daughters of permanent in service employees of the University have been provided for admission to various courses of the University except the technical and professional courses under the Faculties of Engineering and Technology, Medicine and Management Studies.

This 15% supernumerary seats is not a fixed quota of seats but only represents the maximum number of candidates to be granted admission from the said source This is so, because the said quota is over and above the existing strength of 250 seats, upon which the staffing pattern is decided and for which grant is obtained from the University Grants Commission. For the admfssion of students under the said supernumerary quota and the teaching facility provided to the said candidates, no such additional funds are obtained from the University Grants .Commission. The teaching and nonteaching staff of the Uhiversity, OQ their own, contribute their time and energy for the said students

The weightage of 10 marks allowed to the Banaras Hindu University candidates for admission to variouscourses, is again not allowed for admission to technical courses. Moreover, similar weigntage is granted by most of the Universities, including the Allahabad University to their own candidates for admission to various courses, if the Banaras Hindu University candidates, in such situation, were to be denied such weightage, they would stand on a disadvantageous position and would be prejudicially affected. Secondly , the said weightage helps in the continuity of institutional, which is also a relevant factor in maintaining the institutional excellence of educational standard. Continuity of institutional education inculcates a sense of pride in the students which them to aspire for excellence in educational performance by which alone and educational institution is distinguished and universally recognised.

The quota of 15% seats for admission of sons and daughters of the permanent in service employees of the University, is over and above the existing strength of 250 seats in the LL.B. 1st year. In so far as the weightage of ten marks given to the Banaras Hindu University candidates is concerned, the said weightage of 10 marks is given to the candidates passing the qualifying examination from Central Hindu School (Boys and Girls), Ranvir Sanskrit Vidaylaya, Central School (B, H. U Campus) and from the Banaras Hindu University for deciding the merit, provided the said candidates qualifying the test. The aforesaid institution are all constituent colleges of the University. So far as the Central School (3HU Campus) is concerned, it is a project school of the Central Government, fully maintained by the University and only the wards of the Banaras Hindu University employees are admitted in the said school. The aforesaid weightage of 10 marks accorded to the aforesaid candidate, became necessary also in view of the fact, that other Universities also provide for weightage to their own candidates for the purposes of admission in the Universities. In view of this long established practice, if weightage is not given to the candidates of the University and its constituent college, it would adversely affect their interest.

The admissions to 10% seats in LL.B. 1 year are held back to consider the admission of the candidates who are not able to clear the qualifying examination, but under the Banaras Hindu University Ordinance are entitled to appear in the supplementary examination, in order to clear the said qualifying course. If the said provision is not made for admission of the aforesaid candidates it would adversely affect them who may ultimately clear the qualifying examination. Even in such case, the merit is not diluted and the said candidates have to be admitted in accordance with their merit and in order to required percentage of marks in the qualifying examinations provided for in the University Entrance Test Brochure.

The University Entrance Test (UET) index of the petitioner was 224 and in this index there are 32 candidates. According to the University Entrance Test Brochure, if the marks of the Entrance Test are equal, then the marks of the qualifying examination have to be taken and, if, even these marks are equal, then, the candidates older in age has to be admitted. Thus the petitioner, in view of her index and in view of the aforesaid condition in the University Entrance Test Brochure could not be granted admission.

Reliance placed on the case law reported in 1992(3) SCC 543, is not applicable to the present case. There is not reservation of 15% seats for the admission of the sons and daughters of the permanent in service employees of the University. Here, quota of 15% seats over and above the existing strength of 250 seats of LL. B. Ist year is provided for, and, there is no illegality in the provision of the aforesaid quota.

There is no illegality in holding back of 10% seats for admission of the students of Banaras Hindu University, who failed to clear the qualifying examination but are entitled to appear in the supplementary examination for clearing the qualifying examination. There is no illegality in the 15% quota in the admission of sons and daughters of the permanent in service employees of the University. The aforesaid quota is not reserved from amongst the total number of 250 seats but it is over and above the said existing strength of 250 seats in the LL. B. 1st year Course. The petitioner was well below in the University Entrance Test Index and was much lower in position than her sister Smt. Anita Singh, who was at 126th position and whose index was also 224. As such, the petitioner could not be granted admission. All the admissions to the LIU B. 1st year Course for the session 199495 were over and closed. The total number of students admitted are 280 including 35 students under the aforesaid supernumerary employees'' quota.

For the reasons aforesaid, none of the grounds merit out any interference of this Hon''ble Court under Article 226 of the Constitution of India and the petition is accordingly, dismissed.