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1980 Supreme(Goa) 10
Goa High Court
K. M. MISHRA, ADDL., J.C.
Jugaldas Jiva Chudasama - Appellant
Versus
Principal, College of Engineering, Goa - Respondents
Special Civil Appln. (W.P.) No. 24 of 1979
Decided On : 3 July 1980
S.D. Lotlicar, for Petitioner, J. Dias, Govt. Advocate, for Respondents.
A candidate belonging to a caste not recognized as a Scheduled Caste cannot claim admission to a reserved seat for Scheduled Castes and has no right to compel the authorities to admit another candidate on general merit basis.
Headnote:
CONSTITUTIONAL LAW - ARTICLE 15(4) - RESERVATION FOR SCHEDULED CASTES - ADMISSION TO ENGINEERING COLLEGE - PETITIONER BELONGING TO GHEDIA KOLI CASTE NOT RECOGNIZED AS SCHEDULED CASTE - DENIAL OF ADMISSION TO RESERVED SEAT - NO RIGHT TO COMPEL AUTHORITIES TO ADMIT ANOTHER CANDIDATE ON GENERAL MERIT BASIS.
Fact of the Case:
The petitioner, a native of Diu, passed the Higher Secondary Certificate Examination of Gujarat Secondary Board and applied for admission to the First Year Engineering course at the Engineering College in Farmagudi. He was selected for admission against the reserved seat for Scheduled Castes but was later denied admission because his caste, Ghedia Koli, was not recognized as a Scheduled Caste. He challenged the denial of admission, arguing that the authorities should have admitted him against the reserved seat for candidates from Diu or against an unreserved seat.
Finding of the Court:
The court held that the petitioner had no legal right to claim the seat against which another candidate had been admitted and that he had not shown any legal right to compel the authorities to give a seat to the other candidate on general merit basis.
Issues: 1. Whether the petitioner had a right to compel the authorities to admit another candidate on general merit basis. 2. Whether the petitioner had a legal right to claim the seat against which another candidate had been admitted.
Ratio Decidendi: 1. The court held that the petitioner had no right to compel the authorities to admit another candidate on general merit basis because there was no obligation on the authorities to do so under the prospectus. 2. The court held that the petitioner had no legal right to claim the seat against which another candidate had been admitted because he had not been denied admission to the reserved seat due to any fault of the authorities.
Final Decision: The court dismissed the petition and discharged the rule issued.
ORDER :- The petitioner is seeking the issuance of a writ of mandamus and/or any other appropriate writ, order or direction ordering respondents Nos. 1 and 2 to consider him for the purpose of reserved seat for Diu and also to admit him against the same as he is duly qualified having obtained the highest percentage amongst the candidates who are eligible to apply for the same.
2. The intake capacity into the First Year Engineering course of the Engineering College at Farmagudi in this territory was for the academic year 1978-79, 95 seats, the distribution wherefor was as under :-
(a) For candidates passing the qualifying examination within the colleges of Goa, Daman and Diu :
i) Higher Secondary School Certificate Examination. 64 seats.
ii) Inter-Science 7 seats.
Total 71 seats.
16 seats reserved out of 71 seats irrespective of studies, namely Higher Secondary School Certificate Examination and Inter-Science as follows :-
(i) One seat for candidates from Diu.
(ii) One seat for candidates from Daman.
(iii) One seat for children and dependants of Political sufferers.
(iv) Six seats for candidates belonging to Scheduled castes.
(v) Two seats for candidates belonging to Scheduled Tribes.
(vi) One seat for children of defence personnel.
(vii) One seat for Muslim community.
(viii) Two seats for physically handicapped students.
(ix) One seat for repatriates from East Africa.
Seats remaining vacant in the above reservation to be filled up amongst the candidates from the general merit list of students passing the qualifying examination from the colleges in this Territory.
(b) For candidates passing the qualifying examination from colleges outside the Union Territory of Goa, Daman and Diu:
i) Higher Secondary School Certificate Examination. 21 seats.
ii) Inter-Science. 3 seats
Total 24 seats.
3. The petitioner is a native of Vamakbara, Diu. He passed the Higher Secondary Certificate Examination of Gujarat Secondary Board, Gandhi Nagar, Gujarat, held in April, 1978, securing 439 marks out of 800 marks in Grade II. On 14-6-1978 he made three applications one for the reserved seat for the Higher Secondary School Certificate Examination under (a)(i) in the general merit basis, for the seat reserved for candidates from Diu and also for the seat reserved for candidates belonging to Scheduled castes. Besides him there was one more candidate from Diu by name Ramesh Jiva Bamania who passed Inter-Science Examination and who also applied under category (a)(ii), namely as candidate who has passed Inter-Science Examination. The said Ramesh Jiva Bamania made two more applications one in the open merit basis for 7 seats allotted to Inter-Science students and the other for the reserved seat for candidates from Diu. While the said Ramesh Jiva Bamania was admitted against the reserved seat for candidates from Diu, the petitioner was selected for admission against the seat reserved for Scheduled Castes. After being so selected he was intimated that he should report to the Engineering College, Farmagudi for the purpose of payment of fees and carrying out other formalities on 5-9-1978. Accordingly he went to the Office of the Goa Engineering College on 4-9-78 but was informed by the Office that his selection to the reserved seat for Scheduled castes was cancelled because the caste to which he belongs, namely, Ghedia Koli is not recognized as a Scheduled castes. The result, therefore, was that the petitioner could not get admission against the said seat reserved for candidates belonging to the Scheduled castes.
4. On the above admitted facts the petitioner has stated that in any case he was entitled to be admitted against the reserved seat for candidates from Diu and the authorities, i.e., the respondents 1 and 2 have acted illegally in denying him admission to the first year Engineering course for the year 1978-79 as against the said seat. It has been further stated that considering the marks obtained by the said Ramesh Jiva Bamania, who had also applied for a seat i
