Research › Search › Judgment

Allahabad High Court · body

2008 DIGILAW 797 (ALL)

Seema v. State of U. P.

2008-04-08

RAKESH TIWARI

body2008
ORDER : Rakesh Tiwari, J. Heard counsel for the Petitioner and Sri Neeraj Tiwari representing Respondent Nos. 2 and 3. 2. Contention of the counsel for Petitioner is that the Petitioner, a handicapped lady, had been sent letter for appearing in the counselling but when she had gone to appear, she has been informed that she is not eligible for appearing in the counselling. Hence, this writ petition for a direction to the Respondents to permit her to appear in the counselling. 3. Sri Neeraj Tiwari, counsel for the Respondents has drawn attention of the Court to Instruction No. 14 of the General Instructions framed for Joint Entrance Examination, 2007-2008, which provides that the applicants have to apply after properly going through the instructions and verify the qualifications etc. and if they are not qualified, it would be their responsibility if not permitted to appear in the counselling. The Instruction No. 14 of the General Instructions reads as under: other language 4. As regards the qualifications, the minimum qualifications are provided under Clause 4 of the General Instructions in the following terms: other language 5. Sri Neeraj Tiwari for Respondents has further submitted that as per the reservation for handicapped persons, 3% reservation is to be given to the handicapped person who possesses the eligibility but the candidate must have minimum qualifications as stated above. In this regard, he has referred Instruction No. 17, which provides as follows: other language 6. He states that according to the instructions, the candidates should have at least 50% aggregate at the graduation level which the Petitioner does not possess, hence she is not qualified. The Petitioner has admittedly got 421 out of 900 marks which is about 46.77% as stated in paragraph 6 of the writ petition. 7. From the above facts, it is apparent that the Petitioner does not possess the minimum qualifications. Had she been possessing the minimum qualifications, she could have been given 3% reservation quota. 8. For the reasons stated above, there is no force in this petition and it is therefore dismissed.