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1999 DIGILAW 1012 (RAJ)

Rajendra Singh Chauhan v. UOR

1999-08-10

ARUN MADAN

body1999
JUDGMENT 1. - Heard the learned counsel for the parties at length. 2. The case of the petitioner in short is that he had submitted his application form for admission in M.A. (Previous) in Fine Arts with the respondent-University claiming his admission to the aforesaid course being a member of the Scheduled Caste community. 3. It is pertinent to mention that pending application, the University had filled up their seats available for the year 1998-99 in the said course in accordance with the criteria provided as per rules. It is the case of the petitioner that he had initially applied for admission in Scheduled Caste category but subsequently he pursued his candidature to be changed from SC to ST category as the seats available for the SC category are said to have been filled up. 4. During the course of hearing Shri Katta has stated that one seat is lying vacant in the Scheduled Tribe category as on date. He has further stated that no ST candidate has claimed or asserted the right for admission in the M.A. (Previous) Fine Arts Course. He has further stated that the seats belonging to Scheduled Caste category for the year 1998-99 have already been filled up. 5. The learned counsel for the respondent University has further stated that as per the University Rules interchange of seat is not permissible between Scheduled Tribe candidates and Scheduled Caste candidates but the University is prepared to consider the case of the petitioner sympathetically in case he makes a representation to the University, to that effect. 6. Learned counsel for the petitioner has not shown any Rule to this court, whereby the inter-changing from one category to another is permissible. 7. As a result of the above discussion, I find no force in the contentions advanced by the learned counsel on behalf of the petitioner. There is no merit in the writ petition. Consequently it is dismissed being not maintainable. 8. However, in case the petitioner makes a fresh representation to the Vice Chancellor of the University of Rajasthan within a week from today, the respondents are directed to give a personal hearing to the petitioner on his representation and consider his case sympathetically for changing of his candidature from SC category to ST category for admission to M.A. (Previous) in Fine Arts, within a week thereafter in accordance with law.Petition Dismissed with directions. *******