Hari Swarup, J. - (1.) THIS petition has been filed for a writ in the nature of Mandamus directing the respondents, Union of India and the Incharge, Joint Entrance Examination to Indian Institute of Techno logy, Northern Zone (K), Indian Institute of Technology, Kanpur to cancel the admission of the scheduled caste and scheduled tribe stu dents, who did not secure qualifying marks in the entrance examination held in 1973. A further writ in the nature of Mandamus is claimed for consideration of the petitioner and other students similarly placed for admission to the Technological Institu tions by eliminating the scheduled caste and Scheduled Tribe candidates who have failed to get the qualifying marks.
(2.) THE petitioner's contention is he had passed the Intermediate Examina tion held by the Board of High School and Intermediate Education and had appeared for the entrance examination held for ad mission to technological institutions run by the Union Government viz; Indian Institute of Technology, Bombay, Delhi Kannur, Kharagpur, Madras and Banaras Hindu University Institute of Technology, Vm-a-nasi. The petitioner could not set admis sion to the Institution of his choice as he failed to compete with the candidates who had appeared at the Entrance examination. The contention is that if the reservations had not been made for scheduled caste/scheduled tribe candidates and they had not been ad mitted, the petitioner would have got a seat in the Institution of his choice. The petition is liable to fail on the ground primarily as the allegations made in the petition" are quite vague. It has not been mentioned as to what was the position of the petitioner among the unsuccessful candidates. It has also not been mentioned as to who are those persons belonging to the scheduled castes and scheduled tribes who have been given admission though they had not secured qualifying marks. The peti tion is based on the allegation that the quali fying marks in the examination were to be 40% of the maximum marks securable at the examination, but no material has been placed to justify the assertion. There is thus no material for holding as to what were the conditions necessary for qualifying to get entrance in the technological Institutions. The qualification mentioned in the instructions to candidates in the joint entrance examina tion mentioned in paragraph 4 is- "A candidate, in order to be eligible to apply for admission to the J. E. E. must satisfy the entrance requirements as to minimum educational qualifications age limit and stained of physical fitness mentioned in paragraphs 24 to 28. Paragraph 47, which deals with conches on to Scheduled Caste/Tribe candidates the quarrymen's are mentioned as below.- "Candidates belonging to the Scheduled asset/Tribes are offered the following special concessions: (i) The upper age limit will be relaxed 3 years. (ii) Those who qualify in the J. E. Evil be offered admission irrespective of their merit positions in the J. E. E.
(3.) IT is alleged in the petition that come direction was received after the examination had been held from the Government of India by those who managed the examination to the effect that all the reserved seats for the scheduled castes and scheduled tribes should be filled by Scheduled Caste and Scheduled Tribe candidates without any refer ence to qualifying marks. It was alleged that persons receiving only 10% marks were ad mitted in the reserved seats. This paragraph again makes only a vague statement without placing any material from which the inference has been drawn by the petitioner. The facts therefore in this petition themselves are not sufficient for the consideration of the petition on merits.;