Pankaj Kumar Salvi vs Rajasthan University of Health Sciences and Others

M.N. Bhandari, J.�With the consent of both the parties, the writ petition is heard finally.

The petitioner applied for admission in the course of Bachelor of Radiation Technology in Para Medical Courses. They appeared in the test and result was thereupon declared followed by allotment of college. It was however directed that before giving admission by the colleges, the eligibility and other conditions given in the information booklet should be enforced. The petitioner deposited the fee with the college but finally when the matter was sent for enrollment, the University refused to enroll the petitioner. It was for the reason that he was not having 50 per cent aggregate in the subjects mentioned in the information booklet at the level of Senior Secondary class.

The petitioner submits that after admission by the college on payment of fee, if the petitioner is not allowed to pursue further studies, his one year would be wasted. It is further stated that a candidate belonging to Scheduled Caste is entitled to the relaxation in marks by five percent and if it is granted, the petitioner would become eligible. It is however admitted that a candidate is required to possess minimum 50 per cent of the marks at the level of Senior Secondary whereas the petitioner is possessing 47.25 of the marks and no concession in marks is provided in the instructions booklet or in the Ordinance of the University for SC and ST Candidates.

A reference was however given to the Ordinance providing relaxation in marks for admission in MBBS Courses but not to the course, in which, the petitioner had taken admission. The admission was not given by the Rajasthan University of Health Sciences but it was by the college in ignorance of the directions for admission and even instructions given in the booklet. The qualification given in the information booklet for Bachelor of Radiation Technology and other similar courses is reproduced hereunder :

"1. Educational qualification :

The qualification, referred to above, requires minimum 50 per cent marks in aggregate in Physics, Chemistry, Biology and English at the level of Senior Secondary. The petitioner is not possessing required marks as has been admitted by him.

A copy of allotment letter has also been enclosed along with reply and relevant portion. It gives directions to ensure that admissions are made in accordance to the eligibility and other conditions given in the information booklet. It is also quoted hereunder for ready reference :

"Ensure compliance with eligibility and other conditions given in the information booklet before reporting to the college for admission to the course."

The perusal of the condition, referred to above, reveals that college was under an obligation not to admit the students lacking in qualification and in fact, Rajasthan University of Health Sciences cannot be blamed for an admission given by the college, despite specific direction. The petitioner was also under an obligation to regulate himself by the provisions for admission and more specifically, educational qualification. He himself has referred instructions booklet in the writ petition. It is quite surprising that even though the petitioner was lacking in educational qualification, applied for the course and sought admission. The petitioner''s default cannot be to his benefit, though college is also negligent while giving admission to the petitioner.

In any case, this Court cannot perpetuate the illegality committed by the respondent/s. If admission of the petitioner is allowed then it would be an admission to a candidate not in possession of required qualification.

In the background aforesaid, if the petitioner has not been given enrollment by the Rajasthan University of Health Sciences, I do not find any error therein.

The question now comes as to whether petitioner is entitled to relaxation in the marks by 5 or 10 percent being Scheduled Caste candidate.

It is admitted by the petitioner that information booklet does not provide any concession. A reference of university ordinance has been given but concession in qualifying marks is for the MBBS courses and not for Bachelor of Radiation Technology, thus there is no provision for concession to the SC or ST Candidate in the marks for admission to the course in question. The petitioner has given reference of judgment of Hon''ble Apex Court in the case of Avinash Singh Bagri and Others Vs. Registrar IIT Delhi and Another, but the judgment aforesaid is of no assistance because the main issue therein was as to whether principle of creamy layer would be applicable to the SC and ST Candidates. It was held that the principle aforesaid would not be applicable. In the background aforesaid, the judgment referred to above does not provide any assistance to the petitioner. It is otherwise settled law that High Court does not possess the power to make a Rule as it lies in the domain of legislators and issue herein is not in respect of reservation to SC/ST Candidates so as to lower down the minimum qualifying marks.

If there is no provision to provide concession in the marks for admission in the course of Bachelor of Radiation Technology, this Court cannot issue direction to give concession to the petitioner in marks for admission to the course aforesaid. If such direction is given, it would be nothing but to legislate a provision, though it is not in the domain of the High Court. In view of above, the prayer made by the petitioner to allow concession of 5 per cent marks in the required and minimum qualifying marks, cannot be accepted, it is not a case of reservation.

The admission of the petitioner by the college was in ignorance to the instructions contained in the information booklet and cannot be to the benefit of petitioner lacking in the minimum qualification.

In view of the above, I do not find any merit in this writ petition, hence, it is dismissed so as the stay application. The petitioner would, however, be entitled for refund of fee from the college.