Ravi Karan Singh vs Baba Farid University and Others

Viney Mittal, J.—Concededly, the petitioner had secured 47% marks in his 10+2 Examination. In the general category candidates, he was not eligible to be considered since the eligiblility condition for general candidates was 50% marks. However, since the petitioner belonged to backward class category, therefore, he claimed relaxation in conditions by maintaining that eligibility conditions for reserved category candidates was minimum 40% marks.

On the basis of the aforesaid relaxation, the petitioner appeared in PMET Examination. He secured 58.03% marks in the aforesaid Common Entrance Test. On the basis of the aforesaid rank, he claimed that his ranking was higher than even General Category candidates and as such he claimed that he is entitled to be admitted in management quota since the candidature of the petitioner has been cancelled, it is in these circumstances, that the petitioner is before this Court.

Notice of motion was issued by this Court taking note of the contention raised by the learned Counsel for the petitioner that the candidature of the petitioner has been cancelled only on the ground that the backward class certificate of the petitioner was an old certificate whereas, as per form No. 9, the aforesaid certificate could not be more than one year old prior to the period of counselling.

The claim of the petitioner has been contested by the respondent-University. In the short written statement filed by the University, it has been maintained that there was no quota for backward classes in the management seats and as such the petitioner could not be given any reservation and consequential benefit in the said category on the basis of his belonging to backward class category.

Faced with the aforesaid difficulty, learned Counsel for the petitioner has maintained that the petitioner, in any case, had obtained 58.03% marks in his Common Entrance Test and as such his claim should have been considered in General Category. We do not find any merit in the aforesaid contention of the learned Counsel for the petitioner. Concededly, the petitioner had secured 47% marks in his qualifying examination and as such he was not even eligible to participate in the entrance test as a general category candidate. He was permitted to participate in the aforesaid entrance test on the basis of his claim that petitioner was a backward class candidate. Once the petitioner claims the seat in the Management quota no reservation is available for Scheduled Caste/backward class candidate. The petitioner could not be permitted to take a summer salt.

Dismissed.