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2017 Supreme(UK) 132
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Rajiv Sharma and Sudhanshu Dhulia, JJ.
Atul Rana and Ors. - Appellants
Vs.
Chief Secretary and Ors. - Respondent
Special Appeal No. 350 of 2016
Decided On : 07-01-2017
For the Appellant :S.S. Yadav, Advocate
For the Respondent: Rajeev Singh Bisht, Brief Holder
Classification made on the basis of the institution, from where the students have passed their intermediate examination, is unreasonable, arbitrary and discriminatory.
Headnote:
The Court held that the classification made on the basis of the institution, from where the students have passed their intermediate examination, is unreasonable, arbitrary and discriminatory. The weightage/bonus of 10 marks given to the students of feeder schools will also amount to weightage on the basis of geographical location of the schools. All the students of Uttarakhand, whether they have qualified their intermediate examination from Central Board of School Examination or from Uttarakhand Secondary Education Board, should be eligible alike for seeking admission to the graduate level. The geographical classification is also violative of Article 14 of the Constitution of India, more particularly, when no reasons have been assigned for giving weightage/bonus of 10 marks to the students of feeder schools. Similarly, the weightage of 03 marks given to the teachers/employees of the schools is also bad in the eyes of law. Why there should be any preference at all for the wards of teachers/employees, has not been spelt out in the reply. The students, whether they have qualified their examination from Garhwal Division or from Kumaon Region, are to be treated alike.
Fact of the Case:
The appellants approached the Court by way of Writ Petition (M/S) No. 2391 of 2016 seeking the following reliefs: (i) Issue a writ, order or direction in the nature of Certiorari quashing the Clause A- 1, 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.
Finding of the Court:
The Court held that the Government Order dated 28.08.2014, whereby the weightage has been provided for admission to all the degree colleges for the students who have qualified their intermediate education from Uttarakhand Secondary Education Board, is also unconstitutional. Appellants have challenged the conditions enumerated in Clause A-1, A-2, A-3 and A-4 of the Brochure-cum-Admission Form. They were not required separately to challenge the Government Order dated 28.8.2014.
Issues: Whether the classification made on the basis of the institution, from where the students have passed their intermediate examination, is unreasonable, arbitrary and discriminatory.
Ratio Decidendi: The Court relied on the following precedents: * A.I.R. 1968 SC 1012 in the case of 'P. Rajendran v. State of Madras' * 1971 (1) SCC 38 in the case of 'Minor A. Peeriakaruppan v. Sobha Joseph' * 1972 (1) SCC 660 in the case of 'The State of Andhra Pradesh & others v. U.S.V. Balram, etc.' * 1980 (4) SCC 95 in the case of 'Miss Nishi Maghu & others v. State of J&K and others' * 1986 (2) SCC 534 in the case of 'Nidamarti Maheshkumar v. State of Maharashtra and others' * 1989 (1) SCC 93 in the case of 'State of Rajasthan & another v. Dr. Ashok Kumar Gupta and others' * 1989 (2) SCC 249 in the case of 'Municipal Corporation of Greater Bombay & others v. Thukral Anjali Deokumar and others' * 1989 (2) SCC 145 in the case of 'Deepak Sibal v. Punjab University & another' * 1992 (3) SCC 543 in the case of 'Chairman/Director Combined Entrance Examination (CEE) v. Osiris Das & others' * A.I.R. 1997 SC 793 in the case of 'Thapar Institute of Engineering & Technology v. State of Punjab' * 2002 (1) SCC 428 in the case of 'AIIMS Students' Union v. AIIMS & others' * 2002 (6) SCC 393 in the case of 'Harshendra Choubisa & others v. State of Rajasthan & others'
Final Decision: The special appeal is allowed. Judgment dated 23.11.2016 rendered by learned Single Judge in WPMS No. 2391 of 2016 is set aside. The Government Order dated 28.08.2014 and Clauses A-1, A-2, A-3 and A-4 of the Brochure-cum-Admission Form issued by Shahid Durga Mall Govt. School for the Academic Session 2016-2017, being violative of Articles 14 and 15, are declared ultra vires the Constitution of India and struck down. Respondent No. 4/Principal of Shaheed Durga Malli Govt. P.G. College, Doiwala, Dehradun, is directed to provide admission to the appellant Nos. 2 to 4 on the basis of the marks obtained by them in the qualifying examination in B.A./B.Sc./B.Com, in this Academic Session 2016-2017 as a special case. The deficiency of lectures shall be condoned. No costs.
Rajiv Sharma, J.
1. This special appeal is instituted against the judgment dated 23rd November, 2016 rendered by learned Single Judge in Writ Petition (M/S) No. 2391 of 2016.
2. Appellants approached this Court by way of Writ Petition (M/S) No. 2391 of 2016 seeking the following reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the Clause A- 1, 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."
3. Case of the appellants/petitioners in the writ petition was that Clauses A-1, A-2 and A-4 of the Brochure-cum-Admission Form for the Academic Session 2016-17, issued by Shaheed Durga Malla Govt. Post Graduate College, Doiwala, Dehradun, were unconstitutional. Appellants have also sought the provisional admission in B.Com/B.Sc. First Year in the Session 2016-17 in the aforesaid college. Respondent No. 4/Principal of the College filed its reply to the writ petition. Learned Single Judge dismissed the petition on 23.11.2016. Hence, this special appeal.
4. Petitioners have qualified All India Senior School Certificate Examination (Plus Two Examination) from the Central Board of Secondary Education. They have sought admission in B.Com/B.Sc. First Year in Shaheed Durga Malla Govt. Post Graduate College, Doiwala (Dehradun) for the Academic Session 2016-2017. Appellant No. 1 was granted admission in B.A. First Year for the Academic Year 2016-17, however, the appellants Nos. 2, 3 and 4 were not granted admission, as they have secured less marks than the cut off marks. According to the merit index, appellant No. 2 Ajay Vikram has secured 71.00 marks against the cut-off merit index of 74.00. Appellant No. 3 Mohit Chauhan secured 72.2 merit index against the cut-off merit index of 74.00. Appellant No. 4 Adhyan Bhatt secured 65.00 merit index against the cutoff merit index of 65.6.
5. According to the Government Order dated 28.08.2014, for the Session 2014-15, the candidates who had passed Intermediate Examination from the Uttarakhand Secondary Education Board, were to be given the weightage/bonus of 10' marks instead of 05' marks. The order further provides that the weightage being given to the students of Kumaon University would continue as such. However, for the Academic Session 2015-2016, a uniform policy would be adopted for granting the weightage/bonus marks for admission at graduate level.
6. Attention of the Court has been drawn to Clauses A-1, A-2, A-3 and A-4 of the Brochure-cum-Admission Form for the Academic Year 2016-2017. According to Clause A-1, the students who have qualified the intermediate examination from Uttarakhand Secondary Education Board, would be eligible for grant of additional 10 marks towards the educational qualification. Clause A-2 provides that the students who have passed out from the colleges of Garhwal Region, would be given weightage of 05 marks. According to Clause A-3, the Wards of Teachers/Employees of the Colleges would be given weightage of 03 marks. Clause A-4 of the Prospectus provides for giving weightage of 10 additional marks to the students who have passed out from the feeder schools i.e. Lachhiwala, Dudhli, Rani Pokhari, Bhogpur, Majri, Chhiddu Wala, Dandi Barkot, Bhaniya Wala and Jollygrant. The weightage is required to be added to the percentage of Intermediate Marks obtained by the students.
7. It is settled law that Article 14 permits classification. However, such classification
