- (1.) SUPPLEMENTARY affidavit filed today is taken on record.
(2.) SRI Shiv Nath Singh states that there is no need of filing any affidavit in rebuttal and agrees that the matter be heard finally. Therefore, with consent of learned counsel for the parties, this writ petition is heard finally as per Rules of the Court.
(3.) PETITIONER appeared in the combined test conducted by Chandra Shekhar Azad Agriculture and Technology University, Kanpur for admission to the P.H.D. Course in three Universities. His general rank in the said examination is 33 and category rank is 16 being O.B.C. candidate. In disputably, 32 candidates from the general category got admitted to P.H.D. Courses in different Universities, as per their rank. Present writ petition has been filed with the allegation that one seat is still vacant and since general rank of the petitioner is 33 and, therefore, he is entitled for admission against the vacant seat. A counter affidavit has been filed on behalf of the University, in which it is stated that a combined entrance test for admission in P.H.D. and other courses conducted by several institutions/Universites was held by Chandra Shekhar Azad Agriculture and Technology University, Kanpur. It is admitted that the petitioner got 33rd rank. However, it is stated that the first round of counseling was held on 4.8.2013. There were only four seats (two for general category, one reserved for scheduled caste and another reserved for scheduled tribe) for the P.H.D. course in Chandra Shekhar Azad Agriculture and Technology University, Kanpur hereinafter referred to as "University". At the time of counseling, four seats were allotted to the candidates according to merit and category as under: -

(i)

220215

Brihmanand

Unreserved

1

(ii)

220409

Samar Pal Singh

Unreserved

2

(iii)

220367

Gurumukh Gyani

UPSC

16

(iv)

220005

Anil Kumar Singh

UPSC

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