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2002 DIGILAW 325 (JK)

Sarika Bhatti v. University Of Jammu

2002-10-11

T.S.DOABIA

body2002
Petitioner is seeking admission in the discipline of M.Ed. She wants benefit of six marks on the basis of her being in possession of National Service Scheme certificate. As benefit of this has not been given and as a matter of fact, no candidate from this category has been granted admission, she has approached this Court. According to her, if six marks are given to her and taken into consideration, then she would steal march over others and would be entitled to admission as a matter of right against reserved seat. 2. With a view to appreciate the contention put across by the petitioner, it would be apt to take notice of the Brochure issued by the University. Paragraph 8(A) deals with Open Merit seats, 67% of the seats are meant for this category and remaining 33% are meant for the Reserved categories. This is not in dispute. All that is urged by the University is that in the event of a candidate from the reserved category being not available, then the seat would revert back to the open category. As condition No. 8(B) category (iii) (a) and (b) are relevant, this is being reproduced below:- "8(B) After selection of candidates is made on the basis of open merit, the remaining thirty- three percent (33%) seats, notwithstanding anything contrary contained in any law, S.R.O., or regulation in force in the state, shall be filled up in accordance with the criteria given in Statute 11, from the candidates belonging to the following reserved categories as per break-up given below:- ................... Category (iii) (a) Persons who have participated with distinction in NCC activities. 2% (b) Persons who have participated with distinction in NSS activities. 2% 3. A perusal of the above category would indicate that against Category (iii), 4% seats are available; 2% are meant for NCC activities and 2% for NSS activities. If a candidate has distinction in NSS activities, then that candidate, as a matter of right is entitled to the seat under 2% quota. As to who are eligible for that benefit would become further clear from the perusal of criteria indicated in the Brochure at page 33. This category is also being reproduced below:- "3. If a candidate has distinction in NSS activities, then that candidate, as a matter of right is entitled to the seat under 2% quota. As to who are eligible for that benefit would become further clear from the perusal of criteria indicated in the Brochure at page 33. This category is also being reproduced below:- "3. Having been awarded for NSS activities with any of the following: 6 a/ Governors Medal 6.0 b/ Education Secretarys Commendation Card/Medal 5.0 c/ Certificate of rendering 120 hours of social service continuously for 2 years. 4.0 The maximum marks or points per event activity so far as NSS category is concerned are mentioned as 6. 4. As per the learned counsel appearing for the University, National Service Scheme (NSS) assessment can be made in different parameters and the total marks which a candidate gets can go upto 50. It is submitted that further rider with a view to give benefit is contained in 10(A) (iii). It is submitted that unless and until a candidate applying for consideration under Reserved categories mentioned above accumulates an achievement score of at least 8 points/marks in the respective field, the benefit of lesser marks cannot be given and that category would be deemed to be unfilled and this would revert back to the open category. For facility of reference, this clause 10(iii) is being reproduced below: "10(A); Credit for achievement in Sports/Cultural and Literary, and NCC/NSS activities i.e, reserved categories (ii) and (iii) of Statute 8B shall given to a candidate seeking admission under these reserved categories as per Statute 10(B) below, subject to the following conditions: ............. "(iii) A candidate applying for consideration under the reserved categories mentioned above must accumulate an achievement score of atleast 8 points/marks in the respective fields. The minimum score for a candidate applying under reserved category (ii) i.e, Sports/Cultural and Literary fields, must include four (4) points/marks for achievement in the event/activity specified hereunder: Sports...... Cultural................ Literary Activities.................... 5. The learned counsel for the petitioner submits that as B.Ed. is one year course and whatever achievements are achieved are supposed to be achieved in one year, therefore, the parameters which have been fixed and which are basically meant for the courses which have more than one year duration cannot be made applicable to the petitioner. Cultural................ Literary Activities.................... 5. The learned counsel for the petitioner submits that as B.Ed. is one year course and whatever achievements are achieved are supposed to be achieved in one year, therefore, the parameters which have been fixed and which are basically meant for the courses which have more than one year duration cannot be made applicable to the petitioner. It is submitted that if this is done, then a candidate whose previous academic course is one year duration would be placed at a disadvantageous position as compared to other candidates who undergo a course of duration of more than one year. It is submitted that the only rational way to look into this is to assess the merit of the petitioner on the basis of one year and the parameters which are applicable to those who have to complete a course in two or three years cannot be made applicable to the petitioner. 6. The learned counsel for the University further submits that the above criteria is not apparent from paragraph 10 of the Brochure, and therefore, this Court should not add words to the Statute. 7. A perusal of paragraph dealing with making of assessment would indicate that 2 percent of the seats are reserved for the category of those who have completed NSS course. Therefore, if the candidates are available, then this quota has to go to them. This is one aspect of the matter. The requirement of having 8 points as contemplated by paragraph 10(A) (iii) noticed above deals with a reserved category where there has to be accumulation of achievement over a period of time. This paragraph when read in its entirety, makes it apparent that this deals with achievements in the field of Sports/Cultural and Literary activities. This does not deal with NSS and NCC candidates. So far as NCC and NSS candidates are concerned, this is dealt with in paragraph 10(v). This paragraph again deals with those candidates who have a course of duration of three years. This would obviously not apply to the petitioners. Paragraph 10(B) again deals with the process of calculating overall marks and the last lines in the said paragraph are to the effect that ".. All these achievements however, MUST pertain only to the three (3) year tenure of the qualifying degree spent as a regular student. This would obviously not apply to the petitioners. Paragraph 10(B) again deals with the process of calculating overall marks and the last lines in the said paragraph are to the effect that ".. All these achievements however, MUST pertain only to the three (3) year tenure of the qualifying degree spent as a regular student. Also, each relevant certificate shall be evaluated only for the event/activity for which it has been issued." 8. Therefore, the assessment and achievement in categories mention in paragraph 10 deal with three years course and to say that the petitioner who is asking achievement of one year should also have minimum of 8 points is an argument which cannot be accepted. Paragraph 10 would not apply to the petitioner. Her claims are required to be considered on the basis of her achievement as projected by her. If she has some acheivement and has some distinction then, her claims would fall under category 8 (B) (iii) (b). If there is no other candidate in this category then, she would be definitely higher in merit and eligible for selection in reserved category. It is accordingly concluded: i. That the parameters indicated in paragraph 10 of the Brochure are applicable to a course of study which is three years duration; ii. That the courses which are of one year duration, for them, no parameters have been fixed; iii. That for courses of one year duration, if a candidate possesses distinction, then such a candidate would be entitled to reservation as indicated in paragraph 8(B) (iii) (b) noticed above. 9. This petition is accordingly allowed. Petitioner who has six marks for her distinction is held entitled to admission in the course. Let admission be granted to her forthwith. Disposed of accordingly.