Janardan Sahai and Rakesh Sharma, JJ. - (1.) THIS is an appeal against the order of learned Single Judge allowing the writ petition filed by the respondent Nishit Sharma. The dispute relates to admission to Class-XI, Science Stream of Aligarh Muslim University.
(2.) THE petitioner respondent in this appeal appeared in the open entrance test examination but was not selected. THE petitioner then applied for admis sion in the discretionary quota of the Vice-Chancellor available in respect of candidates of SM (for outstanding sports man) and for CA (children of Alumini). THE petitioner was not selected in the SM category. In the CA cate gory other persons were nominated by the Vice-Chancellor but not the peti tioner and the petitioner could not be admitted under that category either. THE petitioner then filed the writ petition giving rise to this Special Appeal. THE petitioner's case is that in the CA category, he was higher up in the merit list but he was not granted admission and the quota was given to other students lower in the merit list. In order to appreciate the point involved in the case, it is necessary to refer to the Academic Council's decision dated 31.1.1991 which lays down the criteria for admission in the Senior Secondary School Certificate Examination (Class XI & XII). The following is the extract from the resolution of the Academic Council: - Mode of Admission : - (i) 27% of the candidates will be admitted on the basis of general merit at the competitive admission test. (ii) 27% internal candidates will be admitted on the basis of the merit of the competitive admission test. (iii) 20% candidates will be admitted on the basis of the merit of the competitive admission test from amongst the educationally backward sec tion of our society as identified in the National Educational Policy, 1986. Those candidates who have passed/appeared at the High School - Examination, 1992 from the A.M.U. Aligarh. Since 1986, the Muslims and Neo-Buddhists have been identified and declared educationally deprived and backward class of minorities (Prime Minister's 15 point Programme). The Govt. Policy intends to make special efforts to bring these educationally backward minorities at par with the rest of the society. The Government, therefore, came out with the National Policy on Education (1986) identifying these communities as the most Educationally backward communities. (iv) 6% candidates will be admitted on the basis of the merit of the competitive admission test, belonging to educational backward regions of our country. (v) 20% candidates will be nominated by the Vice-Chancellor out of the categories belonging to (1) Children of the University Employees, (2) Children of Alumni/Alumna, (3) Children of Government servants recently transferred (within 12 months, preceding in the closing date of the candidates application form posted submitted), (4) Children from Distant States/Union Territories not adjoining U.P. (i.e. other than Bihar, Haryana, Himachal Pradesh, Madhya Pradesh, Rajasthan & Delhi), (5) Outstanding sports persons, (6) Outstanding speakers, (7) SC/ST & Backward class, and (8) Physically handicapped. The Vice-Chancellor will make nominations on the basis of the cut-off point for each competitive admission test. Ordinarily, the cut-off point will be the marks obtained by the last candidate at the competitive test, where the total number of the intake of the stream concerned. (For exam ple, if the intake is 200, the cut-off point will be marks of 500th candidates on the basis of the merit list). Special powers of the Vice-Chancellor regarding nomination which have been approved by the Academic Council earlier will remain valid also for nomination to this course.
(3.) IT is pertinent to note that Clause V of the decision (last portion) refers to special powers of the Vice- Chancellor regarding nomination, which have been approved by the Academic Council earlier and it is provided that those will remain valid also for nomination to this course. Counsel for the University was, however, unable to produce any earlier resolution conferring special powers on the Vice-Chancellor.;