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2018 Supreme(HP) 47
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sanjay Karol, Ajay Mohan Goel, JJ.
Archana Thakur - Petitioner
Vs.
State of Himachal Pradesh and others - Respondents
CWP No. 1992 of 2017
Decided On : 12-01-2018
Advocate Appeared:
For the Petitioner: Mr. Sanjeev Bhushan, Ms. Abhilasha Kaundal
For the Respondents: Mr. Shrawan Dogra, M/s. Romesh Verma, Anup Rattan, Mr. Kush Sharma, Mr. J.L. Bhardwaj
Vacant reserved seats for SC and ST categories should be filled from eligible candidates of the open category based on merit to ensure optimum utilization of resources and avoid mid-academic admissions.
Headnote:
Admission - M.Sc. Physics Course - [Charles K. Skaria and others Vs. Dr. C. Mathew and others, (1980) 2 SCC 752, Medical Council of India Vs. Madhu Singh and others, (2002) 7 SCC 258, Neelu Arora (Ms.) and another Vs. Union of India and others, (2003) 3 SCC 366] - The court discussed the issue of filling vacant reserved seats for SC and ST categories in educational institutes and emphasized the importance of filling these seats from eligible candidates of the open category based on merit, to ensure optimum utilization of resources and to avoid mid-academic admissions. The court referred to relevant judgments and legal provisions to support its decision, highlighting the welfare-oriented judicial process and the necessity of timely admissions in educational streams.
Fact of the Case:
The petitioner sought admission to M.Sc. Physics Course in a government college. Despite being eligible and securing 30 marks in the entrance examination, she did not make it to the merit list. The college later permitted admissions to MA and M.Sc. classes, including an intake of 20 students in M.Sc. Physics. The petitioner, who was on the waiting list, raised concerns about the unfilled seats reserved for SC and ST categories.
Finding of the Court:
The court held that vacant reserved seats for SC and ST categories should be filled from eligible candidates of the open category based on merit, to ensure optimum utilization of resources and to avoid mid-academic admissions. The court emphasized the importance of timely admissions and referred to relevant judgments to support its decision.
Issues: The main issue was whether unfilled seats reserved for SC and ST categories should be offered to eligible candidates from the open category based on merit, or allowed to remain unfilled.
Ratio Decidendi: The court emphasized the need for filling vacant reserved seats from eligible candidates of the open category based on merit to ensure optimum utilization of resources and avoid mid-academic admissions. The court referred to relevant judgments and legal provisions to support its decision.
Final Decision: The court directed that vacant reserved seats meant for SC and ST categories in educational institutes should be offered and filled from eligible candidates from the open category on the basis of merit. The petition was disposed of with this direction.
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has prayed for the following reliefs:
“(i) That a writ in the nature of mandamus may very kindly be issued and the respondents may very kindly be directed to grant admission to the petitioner in M.Sc. Physics Course in Gobind Balabh Panth Memorial Government College, Rampur Bushahr, H.P. in the interest of law and justice.
(ii) Any other relief as may be deemed just and proper keeping in view the facts and circumstances of the case may also be granted in favour of the petitioner.”
2. Case of the petitioner was that respondent No. 2 had invited applications from eligible candidates for admission to various courses for the academic Session 2017-2018, which includes M.Sc. Physics course. According to the petitioner, she being eligible, applied for the said course and roll number allotted to her to appear in the entrance examination was 16062. The entrance examination was held on 07.07.2017. She secured 30 marks in the same, which is evident from Annexure P-4. It was further the case of the petitioner that on the strength of marks so obtained by her, she was not able to make it in the merit list. Further as per the petitioner, respondent No. 3-College, which had earlier issued a Prospectus for admission of courses available with it for the Session 2017-18, was also later on permitted to admit candidates in MA and M.Sc. classes, including an intake of 20 students in M.Sc. Physics, by respondent No. 2. Applications in this regard were invited and the petitioner submitted her application well before the last date, i.e., 29.07.2017. Counselling took place on 1st and 2nd August and in furtherance of the same, 13 candidates were admitted as per communication Annexure P-6, dated 03.08.2017, on the strength of entrance examination, which stood conducted by respondent No. 2- University. Name of petitioner found mentioned at Sr. No. 2 in the waiting list (Annexure P-8). It was further the case of the petitioner that out of three candidates, who had applied for admission against the seats reserved for SC category, two were able to gain admission on the strength of their merit against open category seats. No candidate belonging to ST category had applied for the course. This resulted in seats reserved for SC and ST categories remaining unfilled. Grievance of the petitioner was that despite the fact that candidates like the petitioner, who were in the waiting list as per Annexure P-8 were available, respondents rather than offering vacant seats on merit to general category candidates, were not making any efforts to fill the same. It was in this background that the present petition was filed.
3. During the pendency of the petition, on 12.09.2017, this Court passed the following order:
“Let response be filed positively within two weeks. Rejoinder thereto, if any, within one week thereafter.
In the meanwhile, we direct that the seat(s) which are lying unfilled, be offered to the next meritorious candidate(s) and be filled up positively within two days from the open category candidates.
List on 10th of October, 2017, as prayed for.”
4. We are informed that on the strength of order, dated 12.09.2017, the petitioner stands admitted to the course in issue.
5. Reply(s) to the writ petition stands filed by the respondents.
6. The moot issue involved in this writ petition is as to whether in the admission process, which is initiated by respondent No. 2, in case sufficient number of candidates belonging to SC and ST categories are not available and the seats are lying vacant, whether these seats can be filled up from amongst the candidates of general category, who otherwise are eligible for admission, as per the merit secured by them in the entrance examination or the seats should be allowed to remain unfilled?
7. Before proceedings any further, we would like to clarify that herein it is not a case of appointment. The case is of admission to a particular course and in each academic Session, f
