ARPITA SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Complaint herein is that the petitioner irrespective of being permanent resident of Himachal Pradesh and as such bonafide Himachali has been denied admission in B. Des.(Fashion Communication or Accessories Designing) at National Institute of Fashion Technology, Chheb, Kangra (H.P), the 3rd respondent, at the pretext that for the purpose of admission against State Domicile preferential seats six in number, called as supernumerary seats, having not passed 10+2 examination from the schools situated in the State of Himachal Pradesh, she is not eligible in terms of the prospectus issued by NIFT, the second respondent.

(2.) Admittedly, the petitioner is a permanent resident of Ward No. 4, PO Arla, Tehsil Palampur, District Kangra, hence a bonafide Himachali. The bonafide Himachali certificate is Annexure P-6. She has passed 10th class examination from Mount Carmel School, Thakurdwara, Kangra, the certificate is Annexure P-1. Even 8th class examination has also been passed by her from this very school. However, on 4.12.2015, her father Sh. Sanjit Kumar on his promotion as SMG, Scale IV was transferred to FGMO Meerut (U.P.) On joining duty by him there, the petitioner also got admission in 10+ 2 class at Meerut Public School for Girls, Meerut Cantt UP. She has passed Sr. Secondary School Certificate Examination (10+2) in the month of May, 2018 as is apparent from the certificate annexure P-2. She qualified the All India Entrance Examination conducted by NIFT, the second respondent and applied for admission in B. Des.(Fashion Communication or Accessories Designing) course against State Domicile Quota (SC) reserved seat. She was called for counseling on 28.5.2018 vide Annexure P-3, however, denied the admission on the ground that being not State domicile, she is not entitled to seek admission against State Domicile preferential seats. Her father Sh. Sanjit Kumar made the representation Annexure P-8 to the second respondent highlighting therein the circumstances under which the petitioner had to seek admission in Meerut Public School for Girls, Meerut Cantt U.P., but of no avail.

(3.) It is in this backdrop, the present writ petition came to be filed with a prayer to quash the eligibility criteria in the prospectus for the academic session 2018-19 prescribed for seeking admission against State Domicile preferential seats, with further direction to the respondents to allow the applicant to continue B. Des.(Fashion Communication or Accessories Designing) course from respondent No. 3 Institute by treating her eligible for admission against State Domicile preferential seats reserved for the candidate of S.C. community. Respondent No. 3 Institute is situated at Chheb in District Kangra (H.P). Amongst other disciplines, the B. Des.(Fashion Communication or Accessories Designing) course is also available in the said Institute. The petitioner has appeared in All India Entrance Examination conducted by the second respondent. She opted for admission in B. Des.(Fashion Communication or Accessories Designing) course against State Domicile preferential seats reserved for the candidates of S.C. community. She belongs to S.C. category of Himachal Pradesh. On declaration of the result of All India Entrance Examination conducted by NIFT and having declared qualified, she made online application for seeking admission in the course in question from respondent No. 3 Institute. She even was called for counseling also, however, admittedly declined the admission for the sole reason that she is not eligible being not State domicile for seeking admission in respondent No. 3 Institute against supernumerary seats allocated under State Domicile preference.