Gangele, J. -- 1. The grievance of the petitioner in this writ petition is that she was selected in the test named as B.A., LL.B (Hon.) Admission Test of 2014 for Five Years Law Degree Course. However she was not given admission in the college. By way of the amendment, the petitioner has also sought quashment of the provision of eligibility criteria contained in the Information Brochure, (Annexure R-1) for dependents of freedom fighters on the basis of residents or domicile in the State of Chhattisgarh.

2. The respondent No.1, Gujarat National Law University Gandhinagar had conducted a Common Law Admission Test (CLAT) for admission for five years B.A., LL.B (Hon.) Course for seventeen National Law Universities. The petitioner appeared in the examination. She was placed at Sl.No.3102 rank because she had got marks 107.75. The petitioner had received an e-mail massage to the effect that “her candidature has been selected for the first exercise of counselling process”. She was directed to log in account and do the needful. The petitioner was allotted Hidayatullah National Law University, Raipur. She was placed at Sl.No.95 in the selected candidates of that college. The respondent No.4 was placed at Sl.No. 129 and respondent No.5 was placed at Sl. No.147. They received 61.75 marks and 32.25 marks.

3. When the petitioner reached at Raipur to get admission, she received a phone call from Gujarat National Law University, Gandhinagar and received information that it was not necessary for her to appear in the interview because her name has been deleted. The grievance of the petitioner in this petition is that she was eligible to get admission under the quota of Freedom Fighters and the same has been denied to her illegally.

4. The respondents No.1, 2, 3 and 5 in their reply pleaded that Gujrat Law University conducted the Enterance Examination for admission to Under Graduates and Post Graduates Degree Programme for fourteen participants National Law Universities. There is no reservation in other Universities to the dependents of freedom fighters except at Hidayatullah National Law University, Raipur. In accordance with the enactment, Hidayatullah National Law University, Raipur has made provision of reservation to the dependents of freedom fighters belonging to the State of Chhattisgarh only. It means that the freedom fighters must be a resident of Chhattisgarh and the candidates belonging to the category of dependents of Freedom Fighters are eligible to get admission if the freedom fighter is resident of Chhattisgarh State. Because the grand father of the petitioner Shri Sheetal Prasad Mishra was not freedom fighter belonging to the State of Chhattisgarh, hence the petitioner is not eligible to get admission. Along with the reply, the respondents also filed an application for dismissal of the writ petition. It is pleaded in the application that this Court has no jurisdiction to entertain the writ petition.

5. There is reservation to the candidates in Common Law Admission Test (CLAT). It is divided in two categories. The first category is under the heading of All India Seats and second category is under the heading of Chhattisgarh domicile seat. It is clear from the Information Brochure, copy of which has been filed as Annexure R-1 alongwith the return following is the eligibility criteria for admission in Hidayatullah National Law University, Raipur in accordance with the brochure :

“Candidates who are appearing or have appeared in the 10+2 examination and are awaiting results are also eligible to appear in the test. However, such candidates are required to have passed the qualifying examination at the time of their admission and must be able to submit the proofs of their claims.

Category All India Seats

Open Female Total (30%)

SC (15%) 8 4 12

ST (7, 5%) 4 2 6

Persons with disabilities 1 1 2 (PWD) (3%)

Unreserved 42 18 60

Total 55 25 80

Category Chhattisgarh State Domicile Seats

Open Fem