SHRUTI SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER seeks her admission in B. Tech. (Agriculture Engineering Course). Petitioner submits that respondents Nos. 5, 6 and 7 were illegally admitted in the general category female candidate by wrongly applying the horizontal reservation. The respondents Nos. 5, 6 and 7 on their own merits were not to fall in the unreserved/general category candidates in case of vertical reservation.

(2.) PETITIONER submits that Pre Agriculture Test Examination was conducted by Professional Examination Board/respondent No. 4. Petitioner obtained 440.28 marks out of 900. She was called for counselling as she was to be admitted. Call letter dated 3 -9 -2001 (Annexure P/5) was issued to the petitioner. Petitioner appeared before the Counselling Committee on 17 -9 -2001. Admission was almost finalized. She was asked to deposit the fee as per challan No. 3412 dated 17 -9 -2001 issued by Dean, Agriculture Engineering, Jabalpur/respondent No. 3. She was then called back and informed that other female candidates having more marks than her are available on applying the horizontal reservation. In an illegal manner the petitioner was deprived of admission and against horizontal reservation for woman of general category by wrongly applying the horizontal reservation candidates of other backward classes, respondents Nos. 5, 6 and 7 were accommodated.

(3.) FURTHER instructions as to the preparation of the merit list is contained in Rule 3.5.9.1 which provides that merit list has to be prepared on the basis of the marks obtained by a candidate in the subject group. Such list will have to be prepared category -wise and class -wise. Rule 3.5.9.2 provides that candidate who has obtained more marks than unreserved category candidate has to be admitted against the seat of unreserved category and to that extent the quota for reserved category shall be treated as vacant. However, as per Rule 3.5.9.2 this procedure has not to be applied while making the horizontal reservation. Rule 3.5.9.1 and Rule 3.5.9.2, are quoted below: - -