2000 Supreme(Raj) 713
Rajasthan High Court, Jaipur Bench
Honble GYAN SUDHA MISRA, J.
Kumari Nikita - Appellant
Versus
Centralised Admission Coordination Committee & Ors. - Respondents
S.B. Civil Writ Petition No. 3775 of 2000
Decided On : September 20, 2000
S.C. Gupta, for Petitioner Naina Saraf, for Respondents
Headnote:Academic Matters – Petitioner belongs to OBC – Applied for admission into Engineering Course as general category – Not enclosed any certificate of reserved category – Failed to qualify for a seat in general category – Claimed in OBC – Refused – Held – Not approached the Court with clean hands – Cannot be allowed to change her status at this stage – Would clearly violating the procedure for such admission which procedure required a correct and accurate information about her status through the admission form itself which she failed to furnish – Even if the counselling is not over, No writ of mandamus can be issued under the aforesaid situation – Remedy at the most lies by representing before the authorities if any seat in the OBC category is available. (Para 5 & 6)
(2). A show cause notice was, therefore, issued to the respondents to assign reason for denying a seat to the petitioner in the reserved category, but after service of notice a counter affidavit was filed by the respondents with a copy of the admission form wherein it was clearly pointed out that there was no occasion for the authorities to treat her as a candidate belonging to the OBC, since she never claimed a seat in that category and that is manifest from perusal of the admission form itself wherein she clearly declared herself as a candidate of the general category. To make the position explicitly clear the column in the printed admission form was as follows:-
(3). ``Candidate should tick and write the category/categories to which he/she belongs GEN/SC/ST/OBC/EX.S/DK/PH".
(4). The petitioner categorically tick marked the General category for herself and has also clearly written in her own hand writing that she is a candidate of the general category and consequently did not annex any certificate in this regard.
(5). It cannot be denied that if the petitioner had described herself as a candidate belonging to the Other Backward Classes, she ought to have annexed a certificate to that effect which she was duty bound to submit along with the admission form itself which is clear from the format of the Admission form annexed with the counter affidavit so that the admission committee could deal with her application by treating her as a candidate belonging to the reserved category. As already stated the petitioner neither informed the authorities through her admission form that she is a candidate of the reserved category nor annexed any certificate to that effect for initially she did not think it proper for whatever reason, to treat herself as a reserved category candidate but thereafter, though it proper to contest the matter asserting that she is eligible for a seat in the reserved category although she had clearly described herself as a general category candidate. Subsequently, if she failed to qualify in the general category, she cannot be allowed to change her status by producing a certificate in this regard as that would clearly be violating the procedure for such admissions which procedure required a correct and accurate information about her status through the admission form itself which she failed to furnish correctly.
(6). In view of aforesaid facts, it is difficult for this Court to find fault with the admission authorities by questioning the denial of a seat to the petitioner in the OBC category specially when it is informed that the counselling for admission is already over as per the respondents version but not over as per the petitioners version. Even if the counselling is not over, no writ of mandamus can be issued under the aforesaid situation and the remedy for the petitioner at the most lies by representing before the authorities, if any seat in the