Hemant Gupta, J. - (1.) THE petitioner, a candidate for admission to LL.B. (Hons.) 3 years Course with the respondent -University, has invoked the jurisdiction of this Court for quashing of the condition that the place of posting of a candidate should be within 45 Kms of the Faculty of Laws of the respondent -University.
(2.) THE petitioner being eligible for admission to LL.B. (Hons) 3 -Years Course in evening, applied for admission against 80 seats available. The petitioner is working as Hindi Teacher in Government Senior Secondary School, Jamalpur, District Bhiwani, which is at a distance of 70 Kms from the University. The petitioner secured 59 marks out of 100 marks in the Entrance Test and secured 10th rank in the merit of Scheduled Caste category and 74th rank in the General Category. They are 14 seats reserved for the Scheduled Caste category and, thus, the petitioner is entitled to be admitted to LL.B. (Hons.) Course. However, the petitioner was denied admission to the course for the reason that the place of his posting is not within 45 Kms. Thereafter, the petitioner invoked the jurisdiction of this Court aggrieved against the said condition in the prospectus. The relevant clause in the prospectus reads as under: For 3 -Year LL.B. (Hons.) Course (Evening Classes): Admission test is open to a candidate who has passed Bachelor/Master's Degree Examination or an Examination recognized by M.D. University, Rohtak as equivalent thereto securing at least 45% marks in aggregate. LL.B.(Hons.) evening course is meant for employees working within 45 Kms. from the Faculty of Law, MDU, Rohtak. The candidates for LL.B. (Hons) 3 year evening course will have to submit a certificate from their employer that the employee will be spared for attending LL.B. (Hons.) evening classes of the Faculty of Law, M.D. University, Rohtak from 5.00 p.m. to 9.00 p.m., daily for six days in a week. Though the teaching classes will be arranged in evening, but these students in the final year shall have to attend practical, legal aid and Court visits in day time for training purposes. The petitioner in support of admission to the course has attached a certificate for Government Service, Annexure P -2, which is to following effect: It is certified that Sh. Sunil Dutt s/o Sh. Jit Ram is permanent resident of VPO, Bawani Khera (Bhiwani). He is working on the post of Hindi Teacher in Government Senior Secondary School, Jamalpur (Bhiwani). His date of joining in service is 2.11.1995. The employee is working in Government Senior Secondary School, Jamalpur, since 5.11.2005. His basic pay scale is Rs. 6,550/ -. School time is 8.00 a.m. to 2.00 p.m.
(3.) IT is the case of the petitioner that he submitted an application for transfer to any of the schools near the boundary of District Rohtak which may facilitate him to attend the classes at the respondent -University. There are more than 10 schools in the nearby District Rohtak though situated in District Bhiwani. Such schools are within distance of 30 to 40 Kms from the Faculty of Laws. In the present petition, the petitioner claims that the condition of 45 Kms is wholly illegal, arbitrary and does not form a reasonable classification and has no nexus with the object to be achieved and, therefore, such clause is liable to be quashed.;