1. Petitioner has filed this writ petition for issuing a writ of mandamus commanding the respondents to admit her in M.Sc. (Biochemistry) Course 1995-97 session in the Rajendra Agricultural University, Bihar, Pusa (for short the University).

2. The case of the petitioner is that on 12-8-1995 respondents invited applications in the prescribed form for admission in Post-Graduate courses of the University in different disciplines indicating choice of three subjects. Along with the prescribed form the candidates were also provided with a Prospectus containing criteria for admission to the various Post-Graduate Courses. The petitioner who possesses B.Sc. (Honours) degree in Chemistry applied for admission in M.Sc. (Biochemistry). On 7-12-1995 the respondents published a list of candidates, who were admitted in M.Sc. (Biochemistry), which did not contain the name of the petitioner. According to the petitioner she was legally entitled for admission in M.Sc. (Biochemistry) but was wrongly refused admission and hence this writ petition.

3. Heard the learned counsel for the parties and perused the record.

4. The Prospectus for Post-Graduate admission supplied to the petitioner along with the application form has been filed as Annexure-3 with this writ petition. Clause (VI) of the Prospectus provides that a candidate for admission in M.Sc. (Biochemistry) should possess B.Sc. (Hons) degree in Chemistry or Botany or -oology with Botany, -oology and Chemistry combination, or B.Sc. (Ag.) or B.V.Sc. and A.H. or B.Sc. (H.Sc.). It further provided that students admitted from B.Sc. (Ag.) be awarded M.Sc. (Ag.), students admitted from B.V.Sc. and A.H. stream shall be awarded M.V.Sc., students admitted from B.Sc. stream shall be awarded M.Sc. degree and students admitted from Home Science stream shall be awarded M. Sc. Home Science degree in Biochemistry. Clause (XI) of the Prospectus gives the number of seats available in various Post-Graduate courses. Number of seats in M.Sc. Biochemistry was four, out of which one seat was to be filled up from the Graduates of any discipline, while two seats were reserved for Graduates in Home Science and one for in-service candidate.

5. The Bihar Government vide Memo No. 155, dated 14th December, 1993 has introduced reservation in professional educational institutions, which was subsequently also extended to the University vide Memo No. 163, dated 28th December, 1993, according to which 50% seats were reserved for the various communities mentioned therein. It was further provided that in case of non-availability of the candidates from a particular category of reserved community, the seats so available will pass on to the next category of reserved community.

6. In M.Sc. (Biochemistry) course out of four seats, two were to be filled up from the category of reserved community mentioned in the memo, one earmarked for Graduate in any discipline and one out of the two earmarked for Home Science Graduate in Clause (xi) of the Prospectus. Remaining two viz. one of Home Science Graduate and one in-service candidate were to be filled up from the general candidates. The University has made only two admissions in M.Sc. (Biochemistry), one against the seat earmarked for Graduate in any discipline and the other earmarked for general Home Science Graduate, leaving two seats vacant, one earmarked for Home Science Graduate and other for in-service candidate. The grievance of the petitioner, who is a woman of other backward caste category, is that on one hand two seats in M.Sc. (Biochemistry) are admittedly lying vacant, on the other hand she has been wrongly denied admission. According to her she is entitled to be considered for admission against the general seat as well as against the reserved seats, for both category - other backward caste and other backward caste (woman). The seat was reserved for Scheduled Tribe candidate and in absence of such candidate, the candidate of next reserved community is to be offered th