SHEKHAR CHANDER Vs. STATE OF H.P. AND ORS.

JUDGEMENT

(1.) The State of Himachal Pradesh does not have any Engineering/Architectural College. However, such colleges run by other State Governments and the Central Government have reserved some scats for the nominees of the State of Himachal Pradesh for four years and five years degree courses for 1982 -83 session. In all 51 seats have thus been made available.

(2.) The Himachal Pradesh Public Works Department by an advertisement, copies whereof have been filed with the aforesaid writ petitions, invited applications from bona fide Himachali candidates for nomination in Engineering and Architectural Degree Courses for the session 1982 -83 so as to reach the office on or before 22nd July, 1982 upto 5.00 P.M., complete in all respects. It was specified in the said advertisement that Himachal Pradesh Government would nominate candidates purely on merit on the basis of marks obtained in the qualifying examination and according to rules and regulations of concerned college. Reservations were, however, made. Category 'A' relates to reservation for students belonging to Scheduled Castes, Scheduled Tribes, and Backward Classes. A certain percentage of total seats have been reserved for each class. Category 'B' shows reservations made for the 'Wards of Freedom Fighters and Social Workers' and 'Wards of Defence Serving Personnel/Ex -servicemen'. Two seats were also reserved for 'Sports Candidates'. One such seat was reserved in 4 -Years Course and the other in 5 -Years Course of Engineering. In order to entertain the applications of the candidates for the reserved category it was specified that "they should clearly mention in their application forms that they belong to the reserved category and they should attach a certificate to this effect from the Magistrate 1st Class. The seats reserved for the above categories will be treated as un -reserved if eligible candidates of these categories are not available. The wards of Freedom Fighters/Social Workers for reserved seats for this category should submit their certificates in support thereof alongwith their application forms. Such certificates will not be entertained after the expiry of the last date for the receipt of application forms." It was further specified that "the nomination will be made on the basis of merit to be determined on total marks obtained in the subjects of Physics, Chemistry and Mathematics." In respect of the seats reserved for 'Sports Candidates', it was specified that "two seats have been reserved in 4/5 Years Engineering Degree Courses (i.e. one seat in each course) for the Best Sportsmen nominated by the Director of Sports, Himachal Pradesh, Simla -171004, subject to fulfilment of the educational qualifications. Priority will be as under:

(3.) In these writ petitions, nominations of the candidates in the category of 'Wards of Freedom Fighters and Social Workers' and 'Sports Candidates' have been challenged. As such, it is not necessary to refer to the nominations made from other categories.