JUDGMENT : V.K. Bist, J. Petitioners have approached this Court seeking the following reliefs: “(i) Issue a writ, order or direction in the nature of Certiorari quashing the Clause A1, A-2 & A-4 of the Heading of determination of merit of under Graduate classes of directory of 2016-17. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 1, 2 & 3 to provide the same weightage to the petitioners those are students of C.B.S.E. Board like student of Uttarakhand Board in the admission session of respondent no. 4 college. (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 4 to give the provisional admission to the petitioner in the B.com, B.sc. Ist year in the Session 2016-17 in the Saheed Durgamalla Govt. P.G. College, Doiwala, Dehradun.” 2. Briefly put, the case of the petitioners is that the respondent no. 4 took admission for the session 2014-15, 2015-16 and 2016-17 in B.A., B.Sc. and B.Com. courses ignoring the parameters and direction of the higher authorities. Admission has been given to the students, misinterpreting the direction of the respondent no. 3, whereby it was directed that, in case, any student gets 60% marks in the Uttarakhand Intermediate Board Examination and if he has some certificates like N.C.C., N.S.S. and has passed the Intermediate from Garhwal region and is having Scout guide certificate, he will be awarded 2, 3 and 5 marks respectively and the students of feeding college of the local area, will be given 10 marks, but at the most, will be given 25 marks. It is alleged that the respondent no. 4, in the admission session of 2014-15, 2015-16 of B.A., B.Sc. and B.Com. has added 25% marks, as a result thereof, it affected the admission of those good students, who are the resident of State of Uttarakhand, but have passed Intermediate examination from other Board like C.B.S.E. and I.C.S.E. According to the petitioners, if one student, who has passed from the Uttarakhand Board belongs to Garhwal and has obtained 60% marks and as per the decision and calculation of the respondent no. 4, his merit will be 60%+25%= 85% marks. It is alleged that as per the direction of the Higher Education Department, maximum 25 marks, meaning thereby 5% bonus marks, will be given at the time of preparing the merit list for admission. 4, his merit will be 60%+25%= 85% marks. It is alleged that as per the direction of the Higher Education Department, maximum 25 marks, meaning thereby 5% bonus marks, will be given at the time of preparing the merit list for admission. It is alleged that this act of the respondent no. 4 is illegal, as the same has deprived the number of students from taking admission in Under Graduate courses of several streams, who belong to other Boards. It is alleged that the other persons, guardians and officers of the College disagreed, but the respondent no. 4 arbitrarily completed the admission exercise and deprived of the genuine students from taking admission. On 27.07.2015, a notice was pasted on the notice board of the concerned college, as per the direction of the respondent no. 1 dated 28.08.2014, with regard to the weightage of 10 marks to the students, who have passed Intermediate Examination from the Uttarakhand Board. On 27.02.2016, the petitioner made a representation before the Hon’ble Chief Minister, Uttarakhand and copy of the same was sent to the respondent nos. 2 and 3, but till date no action has been taken on the same. Thereafter, the Hon’ble Chief Minister directed to the District Magistrate, Dehradun to enquire into the matter. Since new session for 2016-17 is going to be started from 24.07.2016 and the petitioners apprehend that the same process for admission will be adopted by the respondent no. 4, they approached this Court by way of filing this writ petition and have sought the reliefs, which have already adverted to. 3. Counter affidavit on behalf of the Principal, Shaheed Durga Mall Government Post Graduate College, Doiwala, Dehradun/respondent no. 4 has been filed. In the counter affidavit, it is stated that information about the process of preparation of merit list for admission to the undergraduate courses is always given in the prospectus of the said college. For determination of merit list in the session 2016-17, the following weightage marks are added to the percentage of intermediate/12th class marks of the candidates:- 1. For passing intermediate (12th) from Uttarakhand Board as per G.O. dt. 28th August, 2014. 10 Marks 2. For passing intermediate from any school of Garhwal region irrespective of any board. 05 Marks 3. For wards of teachers/ workers of the college. 03 Marks 4. For passing intermediate (12th) from Uttarakhand Board as per G.O. dt. 28th August, 2014. 10 Marks 2. For passing intermediate from any school of Garhwal region irrespective of any board. 05 Marks 3. For wards of teachers/ workers of the college. 03 Marks 4. For passing intermediate (12th) class from the feeding schools (i.e. the schools situated in nearby locality of Lachhiwala, Doodhly, Rani Pokhri, Bhogpur, Majri, Chidderwala, Dandi, Barkot, Bhaniyawala and Jolly Grant. 10 Marks A maximum of 18 marks are granted to the candidates in above (1) to (4) category 5. For participation in games competitions: State Level National Level 05 Marks 07 Marks 6. For participation in NSS A Certificate B Certificate C Certificate For One Camp For Two Camps 01 Marks 02 Marks 03 Marks 03 Marks 05 Marks 7. For participation in NCC A Certificate B Certificate C Certificate 01 Marks 02 Marks 03 Marks 8. For participation in Scout Guide G-1 Certificate Holder G-2 Certificate Holder Dhruv Pad/Guru Pad Holder 01 Marks 02 Marks 02 Marks A maximum of 7 marks are granted to the candidates in above (5) to (8) category It is also stated that in the year 2014-15 for determination of merit list, the following weightage marks were added to the percentage of intermediate/ 12th class marks of the candidates, as per prospectus for the year 2014-15. 1. For passing intermediate (12th) from Uttarakhand Board. 05 Marks 2. For passing intermediate from any school of Garhwal region irrespective of any board. 05 Marks 3. The following additional marks are granted for determination of merit index:- (a) For participation in National Level Competition. (b) For representation at State Level. (c) President Certificate holder in Scout Guide. NCC-B/NCC-C Certificate Holder (d) NSS One Camp Two Camp 07 Marks 05 Marks 02 Marks 03/05 Marks 03 Marks 05 Marks 4. For passing intermediate (12th) class from the feeding schools (i.e. the schools situated in nearby locality of Lachhiwala, Doodhly, Rani Pokhri, Bhogpur, Majri, Chidderwala, Dandi, Barkot, Bhaniyawala). (Irrespective to the Board). 10 Marks A maximum of 15 marks were to be granted to the candidate in above (1) to (3) Category. Similarly, in the session 2015-16, weightage were as follows:- 1. For passing intermediate (12th) from Uttarakhand Board as per G.O. dt. 28th August, 2014. 10 2. For passing intermediate from any school of Garhwal region irrespective of any board (1%). 01 3. Similarly, in the session 2015-16, weightage were as follows:- 1. For passing intermediate (12th) from Uttarakhand Board as per G.O. dt. 28th August, 2014. 10 2. For passing intermediate from any school of Garhwal region irrespective of any board (1%). 01 3. For passing intermediate (12th) class from the feeding schools (i.e. the schools situated in nearby locality of Lachhiwala, Doodhly, Rani Pokhri, Bhogpur, Majri, Chidderwala, Dandi, Barkot, Bhaniyawala and Jolly Grant (2%) (Irrespective to the Board). 02 4. For participation in games:- State Level (1%) National level (1.5%) 01 1.5 5. For participation in NSS B Certificate (.5%) C Certificate (1%) 0.5 01 6. For participation in NCC B Certificate (.5%) C Certificate (1%) 0.5 01 It is also stated that maximum of 25 marks are granted in all categories from 1 to 8. It is further stated that a candidate passing 12th examination from a feeding school will get at least 15 marks irrespective of board; whereas candidate passing from the Uttarakhand Board will get a maximum of 18 marks. Thus, only difference of (18-15)=3 marks exists for a candidate of Uttarakhand Board. It is stated that as per the G.O. dated 28.08.2014, weightage of 10 marks is granted to the students passing 12th from Uttarakhand Board. 4. Heard learned counsel for the parties. As per counter affidavit, the complaint of the petitioners was entertained and the Hon’ble Chief Minister directed for an enquiry, which was conducted. The Sub Divisional Magistrate, Dehradun sent a letter dated 17.03.2016 to the Principal, Government P.G. College Doiwala, Dehradun to clarify the position on the said complaint. In reply to the same, the Principal, Government P.G. College, Doiwala, Dehradun sent his reply on 08.04.2016 and clarified the situation by stating that, in the academic session 2014-15, admissions were granted in the undergraduate classes according to the rules and procedure given in the prospectus and the similar rules are applicable to the different colleges like Govt. P.G. College Rishikesh and Kotdwar etc. It is further stated that petitioners no. 1 to 3 are from feeding colleges and are entitled for additional marks as per prospectus. It is further stated that the practice of adding weightage marks of the Uttarakhand Board to the percentage of intermediate/ 12th class is being followed in the college since long. P.G. College Rishikesh and Kotdwar etc. It is further stated that petitioners no. 1 to 3 are from feeding colleges and are entitled for additional marks as per prospectus. It is further stated that the practice of adding weightage marks of the Uttarakhand Board to the percentage of intermediate/ 12th class is being followed in the college since long. The aforesaid practice of adding weightage marks to the percentage of 12th class is followed uniformly almost in all the Govt. Colleges/Aided Colleges of the Garhwal region. The maximum marks out of which the marks are awarded and percentage calculated is differ from board to board. Therefore, the practice of adding marks to the percentage of marks is followed. Relying on above criteria, the petitioner no. 1 has been granted admission in B.A. 1st year in the present session 2016-17 in the said college. But the petitioner nos. 2, 3 and 4 could not be granted admission, as their merit index is less than the cut off merit index in their respective categories, which is shown below:- S. No. Petitioner Class Merit Index Cut of Merit index 1. Petitioner No. 2 Ajay Vikram B.Com 1 st 71.00 74.00 2. Petitioner No. 3 Mohit Chauhan B. Com 1 st 72.2 74.00 3. Petitioner No. 4 Adhyayan Bhatt B.Sc. 1 st 65.00 65.6 5. Learned counsel for the petitioner submitted that merit list of admission of B.A. Ist year 2014-15 Nikita Shahi, who has obtained 252 marks in Intermediate Board has been awarded 5 marks for Uttarakhand Board, 5 marks for Garhwal region, 3 marks for N.C.C. Total marks has been in merit list 252+13 marks= 50.4%+13%=63.4% such type of percentage has been given though reality is that she is entitled as per rules 50.4%+2.5=52.9% about, but the respondent no. 4 has adopted own mathematics and rules and harmed to the students in the year 2014-15 and 2015-16. But, Court finds that petitioners have not challenged the admission of Nikita Sahi. He further submitted that regarding admission in the year 2014-15 and 2015-16 in the college of the respondent no. 4 and also list of students, who have denied the admission due to wrong awarding of marks and preparation of merit list for the session 2014-15, an enquiry be directed from any agency and guilty be punished for corruption, arbitrariness and mischief by the respondent no. 4 and also list of students, who have denied the admission due to wrong awarding of marks and preparation of merit list for the session 2014-15, an enquiry be directed from any agency and guilty be punished for corruption, arbitrariness and mischief by the respondent no. 4, who has accelerated such illegal act and committed offence against the genuine students and destroyed the future of the students by wrong preparation of merit list for admission, which has intentionally been done and it can be termed as violation of applicable existing rules and fraud to the system. But, no supportive evidence has been filed in the writ petition. Pleadings are also not complete in this regard. 6. Petitioners have challenged the clauses A-1, A-2 and A-4 of the prospectus with application of Shaheed Durgamalla Govt. Post Graduate College, Doiwala, Dehradun. Clause A-1 provides 10 marks weightage to the students, who have passed from the Uttarakhand Board. Clause A-2 provides 5 marks weightage to those, who have passed from the Garhwal region and clause A-4 provides additional 10 marks weightage to those, who have passed from feeding school/college; but, maximum limit for weightage is 18 marks. In paragraph 4 of the counter affidavit, it is mentioned that, as per G.O. dated 28.08.2004, 10 weightage marks are to be granted to the students passing 12th from the Uttarakhand Board. This G.O. has not been challenged by the petitioners. On this ground alone, the writ petition deserves to be dismissed. In paragraph no. 9 of the same counter affidavit, the respondent no. 4 has stated that candidate passing 12th examination from a feeding school will get at least 15 marks irrespective of Board. Further, petitioners 1, 2 & 3 are from feeding school. Therefore, petitioners are not justified in challenging the aforesaid conditions of the prospectus. 7. Another argument of the petitioners counsel is discrimination. Here, the State Government has taken a decision to grant bonus marks to the students, who have passed from the Uttarakhand Board and also to the students, who have passed from the same institution. Grant of such weightage cannot be said unreasonable, as such offer gives them incentive to pursue further studies in the State of Uttarakhand. Further, generally it is found that in hilly district of the State of Uttarakhand, students do not continue their studies in the same institution/district and go out. Grant of such weightage cannot be said unreasonable, as such offer gives them incentive to pursue further studies in the State of Uttarakhand. Further, generally it is found that in hilly district of the State of Uttarakhand, students do not continue their studies in the same institution/district and go out. In my view, the action is neither arbitrary nor unreasonable nor discriminatory. 8. Consequently, the writ petition fails and is dismissed. 9. There will be no order as to costs.