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2012 DIGILAW 547 (JK)

Parveez Khan & Anr. v. State & Ors.

2012-08-31

MANSOOR AHMAD MIR

body2012
1. By the medium of this writ petition, the petitioners are seeking a writ of mandamus commanding the respondents to admit them to pursue B.Ed. Course through Directorate of Distance Education, University of Kashmir for the session 2012-13 after following the reservation policy as provided in the Statutes and the Reservation Act and also provide teaching/non-teaching staff for the B.Ed. Course commensurate to the intake capacity; with a further prayer for issuance of writ of certiorari quashing the notification issued by the University of Kashmir for granting admission in the B.Ed. Course through Directorate of Distance Education, on the grounds taken in the writ petition. 2. It is contended that the Directorate of Distance Education, University of Kashmir issued notification for admission to B.Ed. M.Ed. course for the session 2012 and the eligibility criteria for B.Ed. Course was not less than 45% marks at the graduation level. Petitioners belong to Scheduled Tribes and RBA categories, but as no reservation was provided in the notification, therefore, they had no option but to apply without availing the benefit of reserved category certificates. Thereafter selection notification was published in a daily newspaper on 07-06-2012 but no benefit was given to the reserved category candidates. Being aggrieved, petitioners made a representation, but the respondents did not consider the same. It is contended that though the University is following the reservation policy in case of regular courses, but the same is not being followed by the Directorate of Distance Education. 3. Respondents have filed the reply resisting the petition. 4. It is submitted that the petitioners applied for admission to B.Ed. Course in pursuance to the notification issued by the Directorate of Distance Education, University of Kashmir. It is contended that since the petitioners participated in the selection process in terms of the conditions contained in the notification and have failed to make the grade, they are precluded from filing the writ petition. It is further contended that the Jammu & Kashmir Reservation Act has been made applicable only to the “Professional Institutions”, Section 2(j) whereof reads as under: “Professional Institutions” means the institutions notified from time to time, by the Government and shall initially include Government Medical College Srinagar/Jammu, Government Dental College, Srinagar, Government Polytechnics, both male and female, Government College of Education and Government College of Engineering and Technology, Jammu.” 5. While going through the said section, it is crystal clear that the Reservation policy is not applicable to the University of Kashmir. Further, it is beaten law of the land that if a candidate participates in the selection process in pursuance to the advertisement notice, he is esstopped from challenging the same after having failed to make the grade. It is also worthwhile to mention herein that the petitioners have not questioned the select list and have not arrayed the selected candidates as party respondents, thus the writ petition suffers from non-joinder of necessary parties. 6. In the given circumstances, petitioners have failed to carve out a case. Accordingly, the writ petition is dismissed along with all CMPs. Petition dismissed.