Karnataka High Court
Kum Darshini Raj N vs The State Of Karnataka on 22 August, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 22ND DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY
WRIT PETITION No.26170 OF 2012 (EDN-AD)
BETWEEN
KUM DARSHINI RAJ N
D/O C NAGARAJU
AGED ABOUT 17 YEARS,
REPRESENTED BY HER
NATURAL GUARDIAN FATHER
C.NAGARAJU, S/O CHINNAPPA
AGED ABOUT 48 YEARS,
RESIDING AT NO.55, IST FLOOR,
19TH MAIN, 2ND BLOCK,
RAJAJINAGAR, BANGALORE-560 010.
... PETITIONER
(By Sri. R PADMANABHA, ADVOCATE )
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION
REPRESENTED BY ITS PRINCIPAL SECRETARY
M.S.BUILDING, BANGALORE-560 001
2. THE COMPTROLLER
UNIVERSITY OF AGRICULTURE SCIENCE
GANDHI KRISHI VIGNANA KENDRA,
BANGALORE.
2
3. THE REGISTRAR
UNIVERSITY OF AGRICULTURE SCIENCE
GANDHI KRISHI VIGNANA KENDRA,
BANGALORE.
4. KUM. SHRUTHI M R
D/O. M C RAMEGOWDA
AGE 19 YEARS
R/AT NO. 12A, MIG, KHB COLONY
PUTTENAHALLI, YELAHANKA(WARD NO. 20)
BANGALORE - 560064.
... RESPONDENTS
(By Sri. N B VISWANATH, AGA FOR R1
SRI. M SREENIVASA, ADVOCATE FOR R2 & 3
V S MANIKA & A/S. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS 2 AND 3 TO ADMIT THE
PETITIONER FOR B.Sc. [AGRICULTURE] COURSE AND ETC.
THIS WRIT PETITION IS COMING ON FOR
PRL.HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioner, daughter of an ex-serviceman, having secured 71% in PCM (Physics, Chemistry & Mathematics) and 76% in PCB (Physics, Chemistry & Biology), applied for admission to the degree course in B.Sc. (Agriculture), enclosing a copy of the Ex- 3 Serviceman certificate, but did not produce the original certificate between 10 a.m. and 4 p.m. of 3/7/2012 to validate her claim for reservation in the ex-serviceman quota, as indicated in the prospectus of the University of Agricultural Sciences - Annex.F. As a consequence, petitioner's name was not included in the list of applicants in the ex-serviceman quota, while the name of the 4th respondent, amongst others, was found in the list. Petitioner furnished the original of the Ex-Serviceman certificate on 31/7/2012 at the time of counseling, which when resulted in declining an admission in the said quota, has presented this writ petition for a direction to respondents 2 and 3 to admit the petitioner for B.Sc. (Agriculture) course and to permit her to appear for counseling scheduled on 31/7/2012 and reserve one seat in B.Sc.(Agriculture) under ex-serviceman quota.
2. Petition is opposed by filing statement of 4 objections of respondents 2 & 3, University of Agriculture Science, interalia contending that petitioner failed to comply with the mandatory requirement of furnishing the original Ex-Serviceman certificate on 3/7/2012, as stipulated in the prospectus - Annex.F and there being no provision for relaxation of the said condition, is disentitled to seek admission in the Ex-serviceman category.
3. Petition is also opposed by filing statement of objections of the 4th respondent contending that being the daughter of ex-serviceman and having furnished the original of the Ex-Serviceman certificate on 3/7/2012 in compliance with the requirement in the prospectus, one of the mandatory fields, was included in the list of applicants for admission in the ex-serviceman category. Petitioner having failed to comply with the mandatory field and more appropriately regard being had to the 5 instructions that candidates who do not submit their original special category certificates on the notified date, will not be eligible for further verification and seat selection under respective categories, is disentitled to admission in the special category.
4. Heard the learned Counsel for the parties, perused the pleadings and the instructions contained in the prospectus Annex.F issued by the University of Agricultural Sciences. Under the nomenclature "Reservation of Seats", Clause (3) provides for Special Categories and the instruction reads thus:
Name of the Special Date Time
Category
NCC/Sports/ Scouts & 2nd July 2012 10.00 am -
Guides/PD 04.00 pm
Defence/Ex- 3rd July 2012 10.00 am -
Servicemen/Anglo- 04.00 pm
Indian/CAPF
Candidates who do not submit their original special category certificates on the notified dates, WILL NOT BE ELIGIBLE for further verification and seat selection under the respective Special categories.
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5. In the light of the specific instructions supra, petitioner was required to submit the original of the Special Category Certificate between 10 am and 4 pm on 3rd July 2012 and having not done so, is not eligible for further verification and seat selection under the ex-serviceman category.
6. The material instructions when not followed by the petitioner to declare to belong to a special category ie., ex-serviceman category, cannot be heard to submit that the furnishing of the original certificate on 31/7/2012 at the time of counseling, is a curable mistake. Instructions in the brochure - Annex.F and the note printed therein, extracted supra, requires to be scrupulously adhered to since the selection process is to be conducted strictly in accordance with the stipulated selection process. In the absence of a rule permitting relaxation in the said instruction, there can be no relaxation in the matter of submission 7 of the original special category certificate at any time after 3/7/2012.
7. There is no dispute that the ex-serviceman category has 18 seats and that the applicant should belong to the said category, is an important criteria in the process of admission to the B.Sc. (Agriculture) course. The mistake or error committed by the petitioner in not furnishing the original certificate on 3/7/2012 as belonging to the ex-serviceman category, there can be no relaxation over that instruction in the process of counseling for admission since it is violative of the mandate of Art.14 of the Constitution of India.
8. The observation of the Apex Court in BEDANGA TALUKDAR V. SAFIDULLAH KHAN & ORS.1 in the circumstances is apposite :
1 AIR 2012 SC 1803 8 "28. We have considered the entire matter in detail. In our opinion, it is too well settled to need any further reiteration that all appointments to public office have to be made in conformity with Article 14 of the Constitution of India. In other words, there must be no arbitrariness resulting from any undue favour being shown to any candidate.
Therefore, the selection process has to be conducted strictly in accordance with the stipulated selection procedure.
Consequently, when a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained. There can not be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved. Such a power could be reserved in the relevant Statutory Rules. Even if power of relaxation is provided in the rules, it must still be mentioned in the advertisement. In the absence of such power in the Rules, it could still be provided in the advertisement. However, the power of relaxation, if exercised has to be given due publicity. This would be necessary to ensure that those candidates who become eligible due to the relaxation, are afforded an equal opportunity to apply and compete.
Relaxation of any condition in advertisement without due publication would be contrary to the mandate of quality contained in Articles 14 and 16 of the Constitution of India."
9. A Division Bench by order dt. 31/5/2012 in 9 W.A.2579/2012 and 2581-91/2012 observed that the condition stipulated in the instructions (CET brochure) cannot be re-written in a writ jurisdiction.
10. Learned Counsel for the University of Agricultural Sciences submits that petitioner has since been admitted to B.Sc. (Sericulture) course at Chintamani and has paid the fees, while the 4th respondent is a candidate for admission to B.Sc. (Marketing & Cooperation) course in the ex- serviceman category and in the light of the interim order passed in this petition, her admission is stalled.
In the result, there being no merit in the petition, is accordingly rejected.
Sd/-
JUDGE Rd/-