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Punjab High Court · body

2000 DIGILAW 927 (PNJ)

Sanjay Verma v. Union Of India

2000-08-16

N.K.SODHI, R.C.KATHURIA

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Judgment N.K.SODHI, J. 1. The National Institute of Pharmaceutical Education and Research (for short the Institute) has been created as a centre of excellence for higher training, research and development in pharmaceutical sciences and technology. It has been declared an institute of national importance by the Government of India. The Institute admits students for the M.Pharm., M.Tech. (Pharm.), M.S.(Pharm.) and Ph.D.Programmes in its various departments every year. Admissions to all the programmes of the Institute are made on the basis of the score in the test and interview conducted by the Institute for candidates found eligible based on their scores in the final highest degree and GA-TE/NT.The minimum qualification required for admission to Masters Degree Course in Pharmaceutical Technology is B.Pharm./B.Tech./B.E.in Chemical Engineering/M.Sc. in the relevant discipline provided the candidate has qualified in GA-TE/NET with a minimum GPA of 6.75 on a 10-point scale wherever letter (sic) grades are awarded or a minimum of 60% marks in aggregate wherever marks are awarded, or equivalent as determined by the Board of Studies and Research of the Institute. Relaxation in GPA to 6.25 on a 10-point scale or in marks of 55% in the eligibility criteria is allowed to a candidate belonging to the Scheduled Caste or Scheduled Tribe. Similarly, some relaxation is permitted in the case of handicapped candidates as well. 15% seats are reserved for Scheduled Castes and 7.5% seats for Scheduled Tribes. Seats are also reserved for physically handicapped candidates to the extent of 3% for admission to all the programmes of the Institute put together provided that not more than 2 candidates from this category are admitted in a single programme. The Information Brochure issued by the Institute further provides that "unfilled reserved category seats shall not be transferred to the general category". 2. Petitioner appeared in the test for admission to the Masters Degree in the trade of Pharmaceutical Technology and qualified in the same. There were in all four seats in the trade of Pharmaceutical Technology, three out of which were meant for general category candidates and one seat was reserved for a Scheduled Tribe candidate. On the basis of the result of the examination, the merit list was displayed by the Institute and three candidates Vibha Puri, Chaya Pathi and Kakumanu Vasu Kumar were selected against the open seats. Petitioner who was otherwise eligible was number one in the waiting list. On the basis of the result of the examination, the merit list was displayed by the Institute and three candidates Vibha Puri, Chaya Pathi and Kakumanu Vasu Kumar were selected against the open seats. Petitioner who was otherwise eligible was number one in the waiting list. The 4th seat reserved for a Scheduled Tribe candidate has been left unfilled due to the fact that no eligible candidate belonging to that category was available. Petitioner represented to the Institute that he may be given admission against the unfilled seat as he is not only eligible for admission but also number one on the waiting list. The Institute did not grant him admission as according to the Information Brochure, the unfilled reserved seats could not be transferred to the General Category. It is against this action of the Institute that the present Writ Petition has been filed under Article 226/227 of the Constitution. 3. In response to the notice of motion issued by this Court, the Institute has filed its reply. It is admitted that the petitioner qualified in the entrance test and is number one on the waiting list in the trade of Pharmaceutical Technology. It is also admitted that one seat reserved for a Scheduled Tribe candidate has been left unfilled because no eligible candidate from this category was available. It is, however, pleaded that in view of the prohibitory clause contained in the Information/Admission Brochure, unfilled reserved seats could not be transferred to the general category and, therefore, the petitioner could not be admitted against the vacant seat. Reliance has also been placed on the instructions dated 25-4-1989 and 15-3-1993 issued by the Government of India whereby ban has been imposed on de-reservation of vacancies reserved for Scheduled Castes/Scheduled Tribes in direct recruitment to the Civil Services. 4. We have heard counsel for the parties and are of the view that the writ petition deserves to succeed. It is common case of the parties that three out of the four seats in the discipline of Pharmaceutical Technology which were meant for the general category candidate have been filled up from amongst the candidates of that category according to their merit and that the petitioner is number one on the waiting list. It is common case of the parties that three out of the four seats in the discipline of Pharmaceutical Technology which were meant for the general category candidate have been filled up from amongst the candidates of that category according to their merit and that the petitioner is number one on the waiting list. The 4th seat meant for a reserved category belonging to a Scheduled Tribe is unfilled and the only reason why it has been kept vacant is that there is a prohibition contained in the Information Brochure, according to which, unfilled seats in a reserved category could not be transferred to the general category. This prohibitory clause in the Information Brochure should be taken as operative only when eligible candidates belonging to a reserved category for which the seats have been reserved are available. If no such candidate is available, the prohibition contained in the clause would not be operative. In other words, if an eligible candidate belonging to a Scheduled Tribe was available, it would not have been open to the Institute to divert the seat to any other category of candidates. When an eligible candidate in the reserved category is not available, it is not only fair and reasonable but also in public interest to fill up that seat on the basis of merit from amongst the candidates of other categories like the general category. The Institute is one of national importance and it has the necessary infrastructure to provide education to another candidate as one seat in the trade of Pharmaceutical Technology is lying vacant. It would not be in public interest to allow that seat to go waste and it must necessarily be filled up. The Government instructions on which reliance has been placed by the Institute are not applicable in the instant case. Those instructions apply in the case of appointments to be made in Government Service by direct recruitment. While making recruitment to any post, the unfilled seat belonging to a reserved category could be left vacant to be filled later on the availability of a candidate from that category and the post could be carried forward but such is not the case in the matter of admissions to educational institutions where seats cannot be carried forward and they will lapse after the admissions are over. We, therefore, direct the Institute to fill up the vacant seat from amongst the candidates in the general category as per their merit. 5. Since it is not disputed that merit-wise the petitioner is number one on the waiting list of general candidates, it is just and fair that he is granted admission against the unfilled vacant seat and we direct accordingly. No costs.Petition allowed.