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2007 DIGILAW 2013 (PNJ)

Suman Rani v. Maharshi Dayanand University, Rohtak

2007-11-17

ADARSH KUMAR GOEL, AJAI LAMBA

body2007
Judgment 1. This petition seeks direction for reservation of one seat for Ex- servicemen and their dependants in M.Sc. Physics. 2. Case of the petitioner is that she passed B.Sc. examination from Kurukshetra University and secured 57% marks. She applied for admission in M.Sc. in Physics. There were 40 seats. 20% were reserved for SC, 27% for BC and 3% for physically handicapped. Further, there was provision for 3% reservation for Exservicemen/Freedom Fighters and their dependants 1% 1. for general category, 1% for SC and 1% for BC under notification of the Haryana Government dated 20.10.2003. The petitioner was dependent of Ex-serviceman but no person in the category of Ex-servicemen was given admission on the ground that I% of the 40 seats will be less than one. On 10.8.2007, following order was passed :- "Petitioner is seeking admission in M.Sc. (Physics). She falls in the category of dependants of Ex-Servicemen. Her case is that one seat was earmarked for the said category, along with dependants of freedom fighters but that seat has not been filled up despite requests. Now the authorities are transferring the said to the general category candidate. Notice of motion for August 17, 2007. Dasti also. If the aforesaid seat is still lying vacant, the same be not filled up till then." Matter was, thereafter, heard on 3.10.2007 and following order was passed :- "This petition seeks a direction for reservation of one seat for ex-serviceman and their dependants in M.Sc. (Physics). It has been stated in the petition that as per prospectus, 3% reservation for ex-seryiceman/freedom fighter and their dependants has been provided by bifurcating the same as 1% for general category; 1% for scheduled caste category and 1% for backward class category. However, in practice since 1% comes to less than 1, no reservation is made. The contention raised on behalf of the petitioner is that if reservation is to be provided, the same must be made operative. It has been stated that making a provision for reservation but rendering the same futile is not justified. Learned counsel for the University states that this is an issue which has to be addressed by the State Government. Since State of Haryana has not been impleaded, on oral request, State of Haryana is impleaded as party. Issue notice to the State of Haryana. Ms. Mamta Singhal Talwar, AAG, Haryana accepts notice and seeks time to file reply. Learned counsel for the University states that this is an issue which has to be addressed by the State Government. Since State of Haryana has not been impleaded, on oral request, State of Haryana is impleaded as party. Issue notice to the State of Haryana. Ms. Mamta Singhal Talwar, AAG, Haryana accepts notice and seeks time to file reply. List again on 17.10.2007." In the reply filed on behalf of the State it is stated that the matter concerns the autonomy of the University. 3 No reply has been filed on behalf of the University. 4. We have heard learned counsel for the parties. 5. Since no justification has been shown for not taking reservation, which is admittedly applicable we direct the University to work out an appropriate mechanism for making reservation operative within two months from the date of a copy of this order. The petition is disposed of. Order accordingly.