MISS NIRMALA AGRAWAL Vs. UNIVERSITY OF RAJASTHAN & ANOTHER
LAWS(RAJ)-1991-4-81
HIGH COURT OF RAJASTHAN
Decided on April 29,1991

Miss Nirmala Agrawal Appellant
VERSUS
University Of Rajasthan And Another Respondents

JUDGEMENT

- (1.) The petitioner passed B.Sc. from the University of Jodhpur in 1990. She applied for admission for post graduation in M.Sc. (Zoology) in the University of Rajasthan in August, 1990. This was necessitated because the petitioner's father who is serving as Judicial Officer in Rajasthan had been transferred from Jodhpur to Jaipur in May, 1989 and thereafter to Bharatpur in June, 1990. For the purpose of education of his children his family is residing at Jaipur. The petitioner's percentage of marks were calculated 66%. She was hopeful to get admission in M.Sc. (Zoology). However, when admissions were given on 26.12.1990, she came to know that although persons who were lower in the order of merit as against her, have been admitted, the petitioner has not been admitted. She has stated that Miss Lavina Mittal has secured 65.38%, Miss Navneet Kaur has secured 65.33% and Neeraj Mathur has secured 64.83%. When she made inquiries from the University of Rajasthan, she was told that weightage of 5% marks is given to the candidates who have passed their graduation from the University of Rajasthan and therefore their percentage of marks is higher than that of (he petitioner and they have been preferred for admission as against the petitioner.
(2.) The petitioner served a notice dated 31.12.1990 and made a demand for justice but that was not replied and therefore she filed this writ petition under Article 226 of the Constitution of India.
(3.) According to the petitioner in the prospectus published by the University of Rajasthan for the year 1990-91 there is no provision for giving weightage of marks to the candidates of general category. Such benefit is extended only to those belonging to Scheduled Castes or Scheduled Tribes or Handicapped persons etc. As per Ordinance 81(IV) of the University of Rajasthan Head of the Institutions may fix higher minimum percentage of marks for grant of admission in the college concerned.;


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