- (1.) The petitioner who claims a seat for admission under the armed forces quota and secured admission as well with respondent No.2-College would want re-allocation of admission to respondent No.1-University on the ground that she has secured higher marks than the lowest candidate in the general category and her own seat must be set apart in the reserved quota for which different yardstick would have to apply and admission granted in the order of merit than the reserved quota. The claim is purported to have been made in view of the decision made in Indira Sawhey Versus Union of India, 1996 6 SCC 506.
(2.) A reservation to children of personnel of armed forces is horizontal reservation and her own assessment to merit must always in the first place come within the general category and if within general category there are candidates who were children of the armed forces, such of those persons will be taken to consume the quota reserved for the children of armed forces. Within the compartment of armed forces a separate merit criteria cannot be allowed for allocation of seats and they have to compete along with general candidates and take their allotments as per merit position in the general category. The reservation must be understood as only to ensure the number of seats which are kept reserved must be filled up within the criteria laid down for admission for the minimum marks mentioned in the general category. There cannot be a separate bench mark or minimum marks for the reserved category other than SC/ST candidate or physically handicapped candidates, which will obtain a different consideration by virtue of recommendation of constitutional and statutory Commissions respectively. For any other category, it has to fulfill all the necessary norms for the general category and the competition will be on the basis of merits inter-se amongst the general category candidates including reserved category.
(3.) The writ petition is dismissed.;