JUDGMENT : N. PAUL VASANTHAKUMAR, J. 1. The Vice Chancellor, University of Jammu and its authorities have preferred letters patent appeal bearing LPAOW No. 55/2015 against the interim order dated 15.10.2015 passed by the learned Single Judge in MP No. 01/2015 in OWP No. 1445/2015, giving direction to provisionally admit the petitioner in Law School of Jammu University for pursuing five year LL.B Course under the "Bharat Scouts and Guides" category for the Session 2015-16. 2. When the Letters Patent appeal was taken up for hearing, by consent of the parties the Writ Petition itself was tagged along with the appeal for disposal. As such both Writ Petition as well as the appeal are listed and heard together for decision. 3. The case of the Writ Petitioner is that he filed Writ Petition seeking to quash the admission Notification of B.A, LLB Session 2015-16 for the Law School in Jammu University in the Open Merit Category for the reason that Admission Notification writ petitioner having participated in the said scout activities and also having attended the State level special camps organized by Bharat Scouts and Guides/ Rovers and Rangers was given a certificate. According to the writ petitioner he is eligible and entitled for selection under the Bharat Scouts and Guides Activity category in the first year of five years B.A. LL.B course in the Law School of Jammu University under 2% quota. However, in the selection no representation was given to the Bharat Scouts and Guides category candidates or under NSS category which forced the writ petitioner to make a representation to the Vice Chancellor of Jammu University on 02.09.2015 and the same having not been considered the writ petitioner filed the writ petition with the above said prayer, claiming that he is entitled to be selected and admitted to five years Law Course in the Jammu University Law School under the Bharat Scouts and Guides category. 4. The University filed its objections stating that writ petitioner has secured 68% marks in 10+2 examination and 77.50 marks in Jammu University Entrance Test 2015. On perusal of the application form submitted by the petitioner, it was found that he has not filled up the form correctly and properly for his consideration for admission under Bharat Scouts and Guides category. The University filed its objections stating that writ petitioner has secured 68% marks in 10+2 examination and 77.50 marks in Jammu University Entrance Test 2015. On perusal of the application form submitted by the petitioner, it was found that he has not filled up the form correctly and properly for his consideration for admission under Bharat Scouts and Guides category. According to the University, in the notification dated 04.07.2015, it is stated that the applicants seeking admission under achievement category must also submit achievement certificates along with the prescribed forms and the same would be deposited in the office of Professor P. K. Srivastava, Convener (Sub-Committee) for assessment in achievement categories 2015-16 office of Dean Student Welfare, University of Jammu. The petitioner failed to deposit the prescribed form along with his achievement certificates to the said authority, therefore, he was not considered under the said category. It is further stated that the admission Committee selected the petitioner provisionally for admission in K. C. Law College as per his 2nd option given in the application form and he is not entitled to get admission in the University Law School as he was not eligible to be considered under the Bharat Scouts and Guides Activity category seat. It is further stated that 15 candidates had applied under the Bharat Scouts and Guides category for different disciplines for the session 2015-16 including B.A. LLB, and none of the candidates was found eligible hence the seat was converted to general category and next candidate having higher merit in the general category was selected and admitted and he is pursuing his studies. Further the petitioner has not completed any of the stages in Bharat Scouts and Guides Activity and, as such, he is not entitled to get any marks as per the prospectus. 5. Since the reserved seat was converted as a general category seat by the University and the 6th respondent was selected and admitted, he was impleaded as party respondent by the order of this Court dated 23.02.2016. The 6th respondent has also filed objections stating that he was selected against self financing seat in the Law School of University of Jammu as per notice displayed on the notice board and he paid a sum of Rs. 1.50 lacs and Rs. 30,860/- by way of two demand drafts for which receipt was issued on 06.08.2015. The 6th respondent has also filed objections stating that he was selected against self financing seat in the Law School of University of Jammu as per notice displayed on the notice board and he paid a sum of Rs. 1.50 lacs and Rs. 30,860/- by way of two demand drafts for which receipt was issued on 06.08.2015. It is further stated that as per the order of the Director, the Law School, dated 04.09.2015 the 6th respondent was selected under Open merit category and his name figured at serial No.3. It is also the contention of the 6th respondent that he having been admitted under the open merit category, he is at present student of 2nd year of five years B.A.LL.B course in the Law School of Jammu University. It is stated that 6th respondent has secured 75% marks in 10+2 examination whereas the writ petitioner has secured only 68% marks in 10+2 examination. 6. Mr. C. M. Koul, learned counsel appearing for the petitioner argued that the contention of the University that the petitioner has not applied to the Dean with the achievement certificates, as prescribed in the admission notification, is an erroneous stand and submission as the said requirement was prescribed to be followed by the applicants seeking admission under achievement category as mentioned under Clause 6 (B) (ii) of the Statute Governing Admissions and the petitioner has applied under Clause 6 (B) (iii) category, i.e. Bharat Scouts and Guides category. Copy of the Statute is also filed wherein it is mentioned as follows:- 6. Reserved Category Seats: (A) After selection of candidates is made on the basis of open merit, the remaining thirty-three percent (33%) seats, notwithstanding any thing 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 at Statute 12. (B) Break-up of the Reserved Categories Category (i) Scheduled Caste 8.00% Category (ii)*a) Sportsmen 4.00% b)Persons who have excelled In Cultural & Literary Activities 2.00% Category (iii)*a)Persons who have participated with distinction in NCC activities 2.00% b)Persons who have participated with distinction in NSS/ Bharat Scouts & Guides Activity 2.00% 7. (B) Break-up of the Reserved Categories Category (i) Scheduled Caste 8.00% Category (ii)*a) Sportsmen 4.00% b)Persons who have excelled In Cultural & Literary Activities 2.00% Category (iii)*a)Persons who have participated with distinction in NCC activities 2.00% b)Persons who have participated with distinction in NSS/ Bharat Scouts & Guides Activity 2.00% 7. Therefore, the contention of the learned counsel for the petitioner is that non-consideration of the application submitted by the petitioner under the category of Bharat Scouts and Guides Activity/NSS for which 2% seats are reserved and number of seats being 60, one seat has to be filled up from the candidates possessing either NSS or Bharat Scouts and Guides achievements, depending upon their inter se merit. 8. When such argument was advanced by the learned counsel for the petitioner, the learned counsel for the University submitted that certificates annexed by the petitioner being issued by the Kendriya Vidyalaya, the same is not a valid certificate as the certificate must have been issued by the State Commissioner of Bharat Scouts and Guides, J&K. Since the certificate produced by the petitioner was put as an issue, the learned counsel for the petitioner sought time to get the matter clarified from the Commissioner, J&K State Bharat Scouts and Guides i.e. as to whether the certificate submitted by the petitioner is valid or not and the said authority on 28.01.2016 has certified that Kendriya Vidayalaya Sangathan is separate entity as for as for spread of Scouting message is concerned and the Sangathan is an integral part and parcel of Bharat Scouts & guides and that the certificate earned by the petitioner by dint of his diligence, dedication, devotion, intelligence, consistency and indomitable will after going through various tests and attending different camps and is valid and eligible to be entertained at levels. 9. The learned counsel for the petitioner relying on the clarification given by the said authority dated 28.01.2016 contended that the petitioner is entitled to be considered for admission under the reserved category of Bharat Scouts and Guides Activity and he is entitled to get 3 marks for the certificates possessed. 9. The learned counsel for the petitioner relying on the clarification given by the said authority dated 28.01.2016 contended that the petitioner is entitled to be considered for admission under the reserved category of Bharat Scouts and Guides Activity and he is entitled to get 3 marks for the certificates possessed. Learned counsel further submitted that it is an admitted case of the official respondents that no other candidate applied under the reserved category of NSS/Bharat Scouts and Guides, for Law Course in University 2015-16, therefore, the petitioner being the only candidate eligible, he is entitled to be admitted and the admission given to the petitioner in the private Law College is not an answer as the reserved seat was wrongly converted as general category seat only on the ground that there was no valid application to claim the seat under the reserved category. 10. Mr. Ajay Abrol, learned counsel appearing for the University reiterated the grounds raised in the objections and contended that petitioner is continuing his course in the private Law College and the 6th respondent having been admitted in the seat after conversion of reserved category seat into general category seat, this Court may not interfere in the writ petition at this juncture as the candidates are undergoing their second semester course at present. 11. Mrs. Sindhu Sharma, learned counsel appearing for the 6th respondent also argued than after conversion of the seat as general category seat, the 6th respondent was admitted and he is undergoing the course in the University Law School under open merit category and if the same is disturbed his rights will be affected. 12. We have considered the rival submissions made by learned counsel for the parties. 13. The points arise for consideration is as to whether the petitioner is entitled to be treated as a reserved category candidate, namely, claiming seat under the Bharat Scouts & Guides Activity and whether the University was justified in converting the reserved seat as general merit seat on the facts of this case i.e. when an eligible candidate is available for selection. 14. In the Statute Governing Admissions issued by the University it is stated that persons claiming seats under reserved/Achievement category under clause 6 (B) (ii) must apply to the Dean. 14. In the Statute Governing Admissions issued by the University it is stated that persons claiming seats under reserved/Achievement category under clause 6 (B) (ii) must apply to the Dean. The same is made clear in the Statute which reads thus:- "Any applicant seeking admission under achievement category as mentioned under Statute 6 (B) (ii) (Refer JUET -2015 Admission Brochure, page No. 96) must also submit Achievement Certificates. The Achievement Certificates along with the prescribed form shall be deposited in the Office of Prof. P.K. Srivastava, Convener (Sub Committee) for assessment in Achievement Categories (Session 2015-16), Office of the Dean Students Welfare, University of Jammu." 15. On perusal of the above instructions it is clear that a candidate applying under Clause 6 (B) (ii) must also submit Achievement Certificates along with prescribed form and deposit the same in the office of the Convener (Sub-Committee). Thus the contention of the University that petitioner's admission under the reserved category of Bharat Scouts & Guides category was not considered as he has not submitted the prescribed form to the Convener (Sub-Committee), is un-sustainable as the petitioner has applied under the Bharat Scouts and Guides Category by enclosing the certificates to claim a seat under Statute Clause 6(B) (iii) and not under Clause 6(B)(ii). 16. The next point to be considered is as to whether the petitioner's certificate which was issued by the Kendriya Vidyalaya, is valid for admission under the reserved category of Bharat Scouts and Guides Activity. 17. The said fact is clarified by the J&K State Commissioner, Bharat Scouts and Guides through his clarification dated 28.01.2016 which reads thus:- "I have every reason to certify that Kendriya Vidyalaya Sangathan is separate state as for the spread of Scouting message is concerned. This Sangathan is an integral part and parcel of this noble movement called Bharat Scouts & Guides. The certificates earned by Mr. Amman Shafqat Mir S/o Jenab Shafqat Hussain Mir R/O Village Budhli, District Doda, jammu & Kashmir State by dint of his diligence, dedication, devotion, intelligence, consistency and indomitable will, after going through various tests and attending different camps, are valid and are eligible to be entertained at levels. Kendriya Vidyalaya Sangathan has been playing a very useful role through Scouting movement in moulding young Scouts and Guides and instilling into them the honourable qualities of honesty, integrity, loyalty, sincerity, modesty, practical wisdom and result oriented actions. Kendriya Vidyalaya Sangathan has been playing a very useful role through Scouting movement in moulding young Scouts and Guides and instilling into them the honourable qualities of honesty, integrity, loyalty, sincerity, modesty, practical wisdom and result oriented actions. It is again certified, with a sense of pride that Kendriya Vidyalaya Sangathan has been given the status of State by the National Headquarters of Bharat Scouts & Guides, New Delhi." The learned counsel for the University was not in a position to raise any argument on this certificate. 18. Thus it is evident that the University is not justified in contending that the certificate produced by the petitioner issued by Kendriya Vidyalaya Sangathan cannot be treated as a valid certificate. The certificate possessed by the petitioner having been found valid by the highest office of the State, the petitioner is entitled to award of 3 marks as he has completed Parvesh, Parveen and Nipun stages of Rovers and Rangers of Bharat Scouts and Guides, in terms of the allocation of marks prescribed in Clause 12 of the Statute (governing calculation of marks/points for sports/cultural and literacy/ NCC/ NSS/ Bharat Scouts and Guides Activities. In such circumstances the denial of admission to the petitioner under the reserved category of Bharat Scouts & Guides Activity, to the Law School of University of Jammu for the session 2015-16 and converting the reserved seat to open merit category seat and giving admission to 6th respondent is unjust and illegal. 19. It is also to be noted at this juncture that this Court while disposing of MP No. 01/2015 has noticed about the availability of the seat and the seat reserved for the category of Bharat Scouts and Guides Activity still remains unfilled as on 15.10.2015 and the petitioner's claim for the seat by way of representation submitted to the Vice Chancellor dated 02.09.2015 was pending without any decision. Admittedly the reserved seat was converted as Open merit seat and the 6tn respondent, who was admitted in self financing course of the Law School, University of Jammu, was allotted the open merit seat. Admittedly the reserved seat was converted as Open merit seat and the 6tn respondent, who was admitted in self financing course of the Law School, University of Jammu, was allotted the open merit seat. It is a well settled proposition of law that when seats are reserved for a particular category and if candidates are available to compete in a particular category, the candidate applying under the said category is entitled to get admission and only if no candidate is available for admission under a particular category, conversion of seat into open category is permissible. Thus the conversion of the seat reserved for Bharat Scouts and Guides category as open merit seat by the University and giving admission to the 6th respondent, who was admitted in Self Financing Course, cannot be a reason to deny admission to the petitioner in the Law School of University of Jammu. 20. It is not stated as to whether the seat allotted to the 6th respondent under the Self Financing scheme in the Law School of Jammu University has been filled up after conversion of reserved seat to open merit category. Similarly whether there is any vacancy in the 3rd semester of B.A. LL. B course in the Law School of Jammu University to accommodate the writ petitioner without disturbing the admission of the 6th respondent and even if the said seat is filled and no vacancy is available, it is up to the University to take care of the said candidate as to whether he should be allowed to continue or has to be given admission in other Private College, based on his merit position. 21. It is well settled proposition of law that when entitlement of admission to a course is made out by approaching the Court of law without any delay and the person is wrongly denied admission, the person affected must be given relief by the Court and the injustice done to the candidate has to be removed. 21. It is well settled proposition of law that when entitlement of admission to a course is made out by approaching the Court of law without any delay and the person is wrongly denied admission, the person affected must be given relief by the Court and the injustice done to the candidate has to be removed. The said position is explained by Hon'ble the Supreme Court in the following decisions, namely:- (a) In the case reported in (1993) 4 SCC 269 (Union of India and others v. R. Reddappa and another), the Hon'ble Supreme Court has observed that once the Court is satisfied of injustice or arbitrariness, then the restriction, self-imposed or statutory, stands removed and no rule or technicality on exercise of power, can stand in way of rendering justice. (b) In the decision reported in (1995) 6 SCC 749 (B.C.Chaturvedi v. Union of India), Hon'ble the Supreme Court while approving the Full Bench decision of the Orissa High Court in Krishna Chandra Pallai v. Union of India, (AIR 1992 Orissa 261)(FB) held as follows: "High Court being a Court of plenary jurisdiction has inherent power to do complete justice between parties similar to Supreme Court's power under Article 142." (c) In the case reported in (1997) 9 SCC 377 : AIR 1997 SC 645 : 1997 Lab.L.C. 365: (1997) 1 LNN 75, (Air India Statutory Corporation v. United Labour Union), Hon'ble the Supreme Court has reiterated the Court's power under Article 226 as follows: "No limitation except self imposed - the arm of Court long enough to reach injustice wherever it is found. The Court as sentinel on the qui vive is to mete out justice in given facts." 22. Thus the writ petitioner is declared entitled to be adjusted in the Law School of University of Jammu under the reserved seat of Bharat Scouts & Guides category. How to adjust the 6th respondent if any candidate has been admitted against the Self Financing vacancy which was initially occupied by the 6th respondent, has to be decided by the University as the authorities of the University are responsible for creating such a situation. The petitioner is admittedly undergoing the very same course in Private Law College affiliated to Jammu University. Hence he can be given admission now in the Law School of University of Jammu. 23. In fine, respondent nos. The petitioner is admittedly undergoing the very same course in Private Law College affiliated to Jammu University. Hence he can be given admission now in the Law School of University of Jammu. 23. In fine, respondent nos. 1 to 5 are directed to transfer and admit the petitioner forthwith in the Law School of the Jammu University against the reserved category seat of Bharat Scouts and Guides in the current semester and count the attendance earned by the petitioner in the private College as attendance earned in the Law School of Jammu University for purposes of appearing in the examination. The petitioner is also held entitled to cost of Rs. 10,000/- to be paid by the University as he was forced to study law course hitherto in a Private Law College due to erroneous approach of the University officials vested with power to select students for B.A, LL. B course 2015-16. 24. The writ petition is allowed and the appeal is dismissed with above directions.