- (1.) Heard Mr. Ashok Sinha, learned Counsel for the Petitioner and Mr. Yashovardhan, learned Counsel for opposite party No. 2 as well as Mr. D.K. Singh, learned Counsel for the opposite party No. 4.
(2.) Through the instant writ petition the Petitioners have prayed for issuing a writ of mandamus directing the Respondents to upgrade their candidatures to their higher preference treating 4 seats vacant in the University under the terms of Brochure issued by the opposite party No. 1, which governs the Common Law Admission Test. The relevant clause i.e. 13 of Brochure is extracted below: A candidate would not be allowed to go for a lower preference if a seat is vacant in the higher preference based on the principle of merit-cum preference. No candidate shall be allowed to be admitted to a University of his/her lower choice if a seat, on the basis of his/her merit and preference is available at a University of his/her higher choice. But the CLAT admission committee, before his/her admission, may upgrade a candidate to the University of his/her higher choice on the availability of the seat.
(3.) The Petitioners belong to unreserved category. The total seats for the programme of B.A, L.L.B.(Hons.) is fixed as 160. For the reserved category, the total seat is fixed as 80. In order to take admission the provisions of vertical and horizontal reservation have been made applicable. Out of total seats the vertical reservation has been provided to fill up the seats by the unreserved, Other Backward Class, Scheduled Caste and Scheduled Tribe categories, for which 80, 43, 34 and 03 seats, respectively are reserved. Simultaneously for the -2-persons with disability and Dependents of Freedom Fighters, the horizontal reservation has also been made applicable i.e. 3% for the persons with disability and 2% for Dependents of Freedom Fighters.;