Amreshwar Pratap Sahi, J.;— The impugned order recites that since the petitioner has passed his graduation in Fine Arts, therefore, his category is to be determined on the basis of the subjects in his Intermediate Examination. The petitioner has passed his Intermediate with science subjects and therefore has been placed in the science category. The application form filled up by the petitioner mentions the category as Arts. The petitioner's application has been rejected on the ground of filling up the wrong category. The contention of the petitioner is that he has completed his graduation and has obtained the Bachelor of Fine Arts degree which is of the Arts category. According to Clause 4(2) of the Government Order dated 12.9.2012, the determination of the category on the basis of Intermediate Subjects can be made only if the graduation degree of the candidate cannot be placed either in the Arts or in the Science category. Learned counsel for the petitioner submits that there was no dispute about the degree of the petitioner and therefore, the conclusion drawn by the Respondent is erroneous. Learned Standing Counsel and Sri Amit Khanna holding brief of Sri Anurag Khanna for the Respondent University contends that the description given by the Principal is in accordance with the Government Order applicable and therefore the matter be disposed of finally. The contention of the petitioner appears to be that the University has described the degree of Fine Arts in the Arts category. This categorization of the graduation degree of the petitioner is clearly within the Arts group and therefore the petitioner's application form rightly shows his status of the same category. Heaving heard learned counsel for the parties. The contention on behalf of the petitioner deserves to be inquired into inasmuch as the impugned order nowhere records a finding about the category at the graduation level. Unless it is found that the degree of Bachelor in Fine Arts does not belong either the Arts category or Science category, Clause 4(2) of the Government Order dated 12.9.2012 cannot be invoked. The Principal of the Institution has not rightly proceeded to categorize the petitioner's class while taking the decision on this issue. The impugned order dated 7.2.2013, therefore, cannot be sustained.
The Principal of the Institution has not rightly proceeded to categorize the petitioner's class while taking the decision on this issue. The impugned order dated 7.2.2013, therefore, cannot be sustained. It is hereby quashed and the writ petition is allowed and the matter is remitted back to the Respondent No. 3 to take a decision afresh in the light of the observations, made herein above within a period of six weeks from the date of production of a certified copy of this order before him. _____________