Maninder Pal Singh vs The Punjab Agricultural University and Another

Amarjeet Chaudhary, J.—The petitioner is seeking direction to the respondents to grant him marks for his rural background/education and that he be admitted in B. Technical (Agricultural Engineering) 4 Years Programme for the academic session 1991-92.

The petitioner appeared from Senior Secondary School B. S. L Pandoh (H. P.) in 10 + 2 Examination conducted by Punjab School Education Board in March 1991 In the said examination he had secured 60% marks. The petitioner thereafter applied for ad-on to B Technical (Agricultural Engineering) 4 years programme from open quota. The Admission Rules envisage that there shall be entrance examination and a candidate who obtains 40% marks in the written examination will be called for interview. The relative merit of candidates is determined on the basis of the commulative marks in the written .examination and marks obtained for rural back-Sound education out of 100 marks have been spilt as follows :-

(a) Written examination ...... 90 marks (b) Residence/property in Rural area. ...... 3 marks (c) Passed Middle Examination as a Regular student from School in rural areas ...... 4 mark (d) passed Matric/10+ 2 Examination as a regular Student from School in the rural ..... 3 mark areas.

The written examination for the said admission was conducted on 15-7-1991 by the Punjab Agricultural University wherein the petitioner Roll No. 1595, the result of which was declared under Roll No. 1595, the result of which was declared on 23-7-1991. The petitioner was shown to have qualified in the said examination. The candidates, who had qualified in the examination, were called for interview on various dates. The petitioner was inter-were called at time of interview. the petitioner also produced a certificate issued by the Sub Divisional Magistrate Sadar sub Division, Mandi to show that he is a resident of Pandoh, District possesses a house in the rural area. The petitioner also produced middle Standard Examination Result Card and the Matriculation certificate issued by the Punjab School Education Board.

The respondents selected 36 candidates for admission to B. Tech. (Agricultural Engineering) 4 years programme for the academic session 1991-92. The petitioner did not figure in the list of selected candidates.

Being dis-satisfied, the petitioner approached the University authorities to find out as to how many marks he had obtained in the written test and interview. On enquiry, he came to know that 38 out of 90 marks have been awarded to him, whereas the last candidate selected had secured 44 marks and no mark or weightage for his rural background/education was awarded to the petitioner.

It was argued by the learned counsel for the petitioner that the candidates, who had the rural background/education, were given weightage of 10 marks. Had the petitioner been awarded 10 marks for his rural background/education, he would have secured 48 marks and thus had been granted admission.

The other plea raised is that in the admission notice it was nowhere stated that 10 marks for rural background/education were to be given only to the candidates belonging to State of Punjab/Union Territory, Chandigarh. As such the action of the respondents in not granting 10 marks to the petitioner was violative of Articles 14 and 16 of the Constitution of India.

The petitioner has filed replication to the written statement and has attached a domicile certificate, copy of which is Annexure P-7 to the replication to show that the father of the petitioner, Shri Rajinder Singh is a domicile of Ludhiana District and belongs to State of Punjab. The counsel also brought to the notice of the Court that in the last academic session, the petitioner''s brother, Raminder Singh, who had his education from Pandoh Government School, was awarded full 10 marks on the basis of his rural background/education. As such, the petitioner is also entitled for the weightage of 10 marks on account of his rural background/education.

The learned counsel for the respondent-University had argued that the petitioner is not a resident of State of Punjab. The weightage of marks for rural background/education is only to be given to the candidates belonging to the State of Punjab. The reservation of seats/ procedure, which regulates the admission, has been given in the prospectus and there is no departure from the same.

The counsel further contended that in the Course of B. Tech. (Agricultural Engineering) 4 year programme, 20% seats are to be filled by the Government of India''s nominees and the remaining 80% from amongst the candidates belonging to the State of Punjab/U. T., Chandigarh. The petitioner being not a domicile of Punjab, is not at all eligible for admission to the said Course. The Court''s attention was also invited to Annexure P-2, which is certificate issued by the Sub Divisional Magistrate, Mandi, to the effect that the petitioner is a resident of village Pandoh, District Mundi and the Middle/Matriculation certificates to show that he has his education from a place which does not fall within the territory of Punjab. The counsel has produced the application-form for admission submitted by the petitioner, wherein he has given his address of Pandoh (H. P.).

I have considered the submission of the learned counsel for the parties.

The only question for consideration is whether the petitioner, who is a domicile of State of Punjab, had his education from rural area which does not fall within the territory of Punjab and is residing in Himachal Pradesh, is entitled to the weightage of 10 marks. From the perusal of the paper-book, it cannot be disputed that 80% seats are to be filled up from amongst the candidates, who are residents State of Punjab/Union Territory, Chandigarh.

I have perused the prospectus also. It is nowhere mentioned in the prospectus, which is a charter of the rights and obligations of a candidate, that the rural area weightage, i.e. marks to be given to a candidate, who has passed Middle, Matric from rural area and having property in rural area, is to be given only to Punjab domicile candidates and as such rural area must fall within the territorial jurisdiction of Punjab State only. If any condition, which does not find mention in the prospectus, is imposed subsequently, which goes contrary to the interest of candidate, that shall be violative of Articles 14 & 16 of the Constitution of India. As mentioned earlier, the prospectus is a charter of rights and obligations of a candidate.

In my view, the weightage is given to the rural area candidates for the lack of facilities and the hardships one has to experience. The rural area remains rural whether it falls within the State of Punjab or outside the territorial jurisdiction of Punjab State. The object sought is to bring the rural area candidates at par with the urbanites. It has not been denied by the respondents that the petitioner''s brother, who had his schooling from the Pandoh, was granted full weightage of 10 marks in the last academic session. As such, I do not see any reason to deny the benefit of weightage of the petitioner. There should be no prohibition and discrimination on the grounds of place of birth/place of residence, religion, race and caste. All citizen are to be treated at par in the matters of admissions/appointments if they are, otherwise, eligible.

The Court, vide its order dated 21-8-1991, had directed the respondent-University to keep one seat vacant for the petitioner in the Course of B. Technical (Agricultural Engineering) Four Year programme for the academic year 1991-92. This Court is of the view that the seat is still lying vacant.

In this view of the matter, it is directed that the petitioner be given full weightage of 10 marks for his rural background/education. After giving weightage, his case be considered afresh and if, otherwise, found eligible, he shall be given admission in the aforesaid Course.

The writ petition is allowed in the terms indicated above. No costs.