Decided on June 25,2012

Paras Saini Appellant
Gurukul Kangri Vishwavidhyalaya Haridwar Respondents


B.S.VERMA, J. - (1.) HEARD Sri B.M. Pingal, Advocate for petitioner, Sri Arvind Vashist, Advocate for respondent Nos. 1 to 3 and Sri A.K. Bansal, Standing Counsel on behalf of respondent No.4. The reasons shown for delay in filing the counter affidavit by State are sufficient. The delay condonation application is allowed. The counter affidavit filed by respondent State is taken on record.
(2.) BY means of this petition the petitioner has sought the following relief: - 1 - To issue a writ, order or direction in the nature of certiorari quashing the order dated 6 -1 -2012 passed by respondent No.3, contained in Annexure No.1 to the writ petition. 2 - To issue a writ, order or direction in the nature of mandamus directing the respondents to restore the admission of the petitioner in B.Sc. Part -I Course and further permit him to pursue the B.Sc. Part -I course.
(3.) BRIEF facts of the case giving rise to the present writ petition, according to the petitioner are that the petitioner is a permanent resident of District Haridwar, who belongs to the Other Backward Caste and his sub -cast is 'Saini and the authority competent has given the OBC certificate to the petitioner on 20 -8 -2011 after making due enquiry. The petitioner applied as OBC candidate against the vacant seat of B.Sc. Part -I (Maths Group) in Gurukul Kangri Vishwadidhyala, Haridwar and he was found to be eligible candidate to be given admission under the OBC category. Pursuant to the selection he got deposited fee before the University. The university vide impugned order dated 6 -1 -2012 cancelled the admission of the petitioner on the ground that vide letter dated 28 -7 -2011, issued by Secretary of National Commission for Backward Classes, wherein it is mentioned that the caste of the petitioner is not yet included in the list of O.B.C. of State of Uttarakhand and it was directed that until suitable notifications are issued by Central Government the list as applicable is State of Uttar Pradesh will apply. Learned counsel for the petitioner has submitted that on publication of Central List of OBCS for the state of Uttarakhand, caste 'saini has been included as OBC caste at serial No. 56 vide notification dated 8 -12 -2011 and prior to the publication of this list the central list of backward classes applicable to the State of Uttar Pradesh continued to apply to the territory of State Uttar Pradesh, which became State of Uttarakhand by reason of U.P. Re -Organization Act, 2000 and the action on the part of respondents is illegal. He has placed reliance on the judgment of Division Bench of this Court rendered in special Appeal No. 244 of 2011, Gurukul Kangri University, Haridwar versus Km. Paurl Yadav and special Appeal no. 245 of 2011, Gurukul Kangri University, Haridwar versus Deepak Kumar, decided on 17 -4 -2012.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.