- (1.) Shweta Singla, through present petition filed by her under Articles 226 of the Constitution of India, seeks writ in the nature of mandamus directing the respondents to grant her admission under the reserved category of physically handicapped persons in M.Sc. (Home Science) in Government Home Science College, Chandigarh. The facts on which the relief aforesaid rests, need to be mentioned even though briefly.
(2.) Petitioner is a physically handicapped person. She was given admission in B.Sc. (Home Science) under the reserved category meant for physically handicapped persons. It is pleaded that she had a brilliant academic career as she secured 61.25% marks in the +2 examination. Thereafter, she sought admission in the respondent-College in B.Sc. (Home Science) in the year 1990. As mentioned above, she had applied against the seats reserved for the physically handicapped persons. There was 1% reservation of seats for the physically handicapped persons. In all, there were 60 seats in the B.Sc. (Science), out of which one was reserved for physically handicapped persons. She passed B.Sc. examination by securing first division i.e. 62% marks. Thereafter, she applied for admission in M.Sc (Home Science) in the respondent college which is stated to be of two years Post Graduate Degree Course. The respondent-College provided M.Sc. degree in three specialities, namely, Clothing and Textile, Food and Nutrition and Child Development. The eligibility for seeking admission in M.Sc (Home Science) is that a candidate should have passed B.Sc (Home Science) from Panjab University with at least 50% aggregate marks. Petitioner, it is stated fulfilled the eligibility criteria. There were in all thirty seats in M.Sc (Home Science) Part-I, having ten seats as in each speciality, as mentioned above. The reservation of seats fro Post Graduate Diplomas and M.Sc classes in Home Science, Part-I is provided in the prospectus issued by the respondents, relevant extract of which runs thus :- "(i) 70% seats are reserved for the candidates passing their lower examination from Panjab University, Chandigarh. (ii) 3% (only one seat out of 30 seats for all the three M.Sc) is reserved for the candidates passing their lower examination from the Agri. University. (iii) 27% seats are reserved for the candidates from other Universities as per notification of the Director, Public Instructions, Chandigarh, Administration vide memo IPI-US C-5 18,81. After forming these pools it has been decided to provide/prescribe reservation in seats for various categories of students in each pool as under :- (1) xx xx xx (2) xx xx xx (3) xx xx xx
(3.) Reservation of physically handicapped one per cent seats in each pool would be filled from amongst the physically handicapped candidates." The perusal of the prospectus, relevant part of which has been extracted above, would manifest that 1% of seats in each pool would be filled up from amongst the physically handicapped candidates. Petitioner's case for admission was not, however, considered against the reserved category of physically handicapped persons. Having failed, thus, to secure admission, she has approached this court by way of present writ petition for the relief as indicated in the earlier part of the judgment. 3. Learned counsel for the petitioner contends that in spite of the reservation provided, no seat is being offered on the ground that seats are only 30 and that 1% of the 30 seats would come to be less than half. It is further contended that no roster point has been fixed and as such the provision regarding reservation has been made nugatory.;