- (1.) The petitioner is a Scheduled Castes candidate having graduated from the Panjab University, as a private candidate, in the year 2006.
(2.) The respondent-University, issued Prospectus for admission in B.Ed. (Regular)-2008 for Colleges of Education, situated in Chandigarh. The petitioner applied for admission to such course under Union Territory Pool Category, considering herself to be eligible on the basis of her B.A. Qualification. On the basis of Entrance Test conducted on 6.7.2008, the petitioner was ranked 453.
(3.) It is the case of the petitioner that the candidates who are lower in merit have been admitted, whereas the petitioner has been denied admission and thus, aggrieved, she has invoked the writ jurisdiction of this Court. It is pointed out by the petitioner that in the Prospectus, there are two sources for filling up the seats for admission. One is 60% Union Territory Pool, which is meant for students who passed their qualifying examination from Colleges recognised by the Chandigarh Administration and situated in the Union Territory, Chandigarh, as a regular student of the said College/Institution. It is further subject to the condition that such students must have studied for two years at Chandigarh and have passed one lower qualifying examination from the Colleges/Institutions situated in the Union Territory Chandigarh. All other students, who have not passed their qualifying examination from the Institutions located in Union Territory Chandigarh, fall within 40% General Pool, which is the second source of admission. The relevant conditions contained in the Prospectus, read as under :- "1. Eligibility for Entrance Test 1.1. A. For admission to the Colleges of U.T. (Chandigarh) condition of residence is not required. B. U.T. Pool 60% : Out of the total sanctioned intake of the institution 60% seats will be filled up from amongst the students who passed their qualifying examination from colleges recognised by the Chandigarh Administration and situated in the Union Territory of Chandigarh as a regular student of the said College/Institution, subject to the condition that such students must have studied for two years at Chandigarh and have passed one lower qualifying examination from the colleges/institutions situated in the Union Territory of Chandigarh. These seats will be termed as 'UT Pool'. C. General Pool 40% : Out of the total sanctioned intake of the institutions 40% seats will be filed from amongst the students, who have passed their qualifying examination from the institutions, other than those located in the Union Territory of Chandigarh or otherwise. These seats will be termed as 'General Pool'. Note : (i) Candidates who have done Postgraduation from a college/institution situated in U.T. as regular students and graduation from outside U.T., will not be considered under the U.T. Pool. (ii) Candidates who have done graduation from the Department of Correspondence Studies, Panjab University and are residing in Chandigarh will not be considered under the U.T. Pool. These candidates will be considered under the General Pool. xxx xxx xxx 6. General Rules xxx xxx xxx Note : i) xxx xxx xxx ii) Candidates who wish to seek admission in the Colleges of Education situated at Chandigarh must clearly state whether they belong to U.T. Pool (the students who passed their qualifying examination from colleges recognised by the Chandigarh Administration and situated in the Union Territory of Chandigarh as regular students of the said college subject to the condition that such students must have studied for atleast two years at Chandigarh and have passed one qualifying examination from these colleges) or General Pool (the student who have passed their qualifying examination from the institutions other than those located in the Union Territory of Chandigarh or otherwise) and any Reserved categories, must clearly state the categories code in the appropriate column in the Form." 3. Learned counsel for the petitioner has argued that even if the petitioner is not eligible for the admission against U.T. Pool, the respondents are bound to consider the claim of the petitioner for admission against the General Pool.;