ANITA SINGH Vs. BANARAS HINDU UNIVERSITY
LAWS(ALL)-1996-5-136
HIGH COURT OF ALLAHABAD
Decided on May 16,1996

ANITA SINGH Appellant
VERSUS
BANARAS HINDU UNIVERSITY Respondents

JUDGEMENT

U.P.Singh, J. - (1.) In this writ petition the petitioner has sought a writ of mandamus, directing the respondents to admit her in First Year of 3 years LL. B. Degree Course of the Banaras Hindu University for the Session 1994-95 in the supernumerary quota available to the sons/daughters of permanent in service employees of the Banaras Hindu University, claiming that although she is daughter-in-law of the petitioner she is entitled for admission on the supernumerary quota provided for the sons and daughters only.
(2.) In the University Entrance Test (in short 'UET') held on 9-6-1994 for admission in LL B. 3 Years Degree Course of the Banaras Hindu University, the petitioner appeared and she was allotted Rolf No. 56341. She applied for consideration for her application under the reservation quota provided under Clause 16 (b) of the UET bulletin under the heading 'Reservation/Weightage' which provides: "15% supernumerary seats for sons/daughters of permanent in service employees of the University provided they qualify in the test."
(3.) The minimum qualifying marks of the Entrance Test was 40% for LL. B. The petitioner had obtained 200 marks out of 300 and, as such, she obtained 66.6% marks in the above test. She claimed that even in the previous year she had applied for admission in LL. B. Course under the supernumerary quota and had obtained 184 marks out of 300. She further claimed that she being the daughter-in-law of a permanent employee, on the post of Assistant Workshop Superintendent, I. T. Main Workshop, Banaras Hindu University, comes within the meaning of his daughter and was, thus, entitled to get admission. In the last year also her application was rejected on 5-8-1993, on the ground, that supernumerary quota was not available to the daughter-in-law. The remark contained in Annexure-A (2) the application dated 5-8-1993 may be noticed : "R. I. O. According to the reservation Rules a quota of supernumerary seats subject to maximum of 10% shall be reserved for admission of sons and daughters of the permanent in service employee of BHU in various courses. This means only sons and daughters of permanent employee and none of the dependents unless legally adopted as son or daughter. The daughter-in-law cannot be covered under this category. Sd/- 5-8-1993";


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