- (1.) IT is a petition jointly filed by 10 petitioners who had participated in B.Ed. Entrance Test-cum-Admission-2012 held by Indira Gandhi National Open University. The application form to be filled by the applicant in column-4 one has to mention regarding the category in which he/she wants to appear whether belongs to Gen (A1), ST (C3), SC(B2) & for OBC it is D4 and at the same time one has to further specify in the subsequent sub-clause in the block as to whether the applicant is member of creamy layer or non-creamy layer and in case of creamy-layer has to fill D4A and for non-creamy-layer it is D4B which as alleged in the writ petition the petitioner admittedly left blank and certificate was also to be enclosed by the applicant if belongs to creamy layer or non-creamy layer category. However, after the result of the examination was declared in November,2011 the candidates were called for counselling and as informed last counselling completed on 27.02.2011 and the vacant seats were filled from the merit list and the entire process was completed on 04.01.2012 and as averred by the respondent in para-4 of the reply that pursuant to the examination held by the respondent total 1300 seats have been allotted to the students by 04.01.2012 and the entire process of admission was completed on that date and admittedly the present petition was filed on 04.01.2012 placing certificate of one of the petitioner on record as Annx.4 claiming to be non-creamy layer and it reveals from the certificate itself that it was issued by the competent authority on 23.12.2011. Admittedly the certificate placed on record Annx.4 was obtained by the petitioner much after declaration of result as the last counselling itself was held by the respondent on 27.12.2011 and this certificate was neither enclosed nor this fact was mentioned in the application form as to whether he/she belongs to creamy-layer or non-creamy-layer category. Taking note thereof, they could not have been considered in non-creamy-layer (OBC) category unless sub-category being disclosed by the applicants in their application form and the petitioners after the final counselling was held and the remaining left out seats were also filled rushed to this Court by filing instant petition and counsel appearing on their behalf submits that petitioners are members of OBC (non creamy layer) category and they hold certificate also but due to inadvertence the column remained blank in the application form but that could not deprive the petitioners from their participation and for admission after qualifying the examination against the seats reserved for OBC (non-creamy layer) category and placed before the Court xerox copy of interim order passed by the Bench at Principal Seat, Jodhpur in CWP-12925/2011 dt.23.12.2011 wherein while issuing notices interim protection was granted directing the respondents to consider candidature of the writ petitioner for admission in B.Ed. Course-2012 in OBC (non-creamy layer) category provisionally.
(2.) COUNSEL for petitioners further submits that the present petitioners are also similarly situated and entitled to seek the same relief as has been granted by the Bench at Principal Seat, Jodhpur in the petition (supra). In the reply filed by the respondent, it has been specifically averred that the form which was to be filled by the applicant contains the information which was to be filled by the individual applicant and it is not by inadvertence but deliberately the petitioners have not mentioned their category of OBC (creamy-layer/non-creamy-layer) and the reason appears to be obvious since none of the petitioners was holding certificate of being non-creamy-layer on the date when the application form was filled & even on the date result was declared in November,2011 or thereafter when the counselling was held on 27.12.2011. It has been further averred in para-4 of the reply that last counselling for B.Ed. was completed on 27.12.2011 and the vacant seats were also filled from the merit list/waiting list on 04.01.2012 and admittedly on the date of filing of the writ petition, entire process stood completed and all the 1300 seats were filled on 04.01.2012 itself. This Court finds substance in the submission made by counsel for respondent that the petitioners had deliberately kept the column blank as on the date of submission of their application as they were not holding the certificate of member of OBC (creamy-layer/non-creamy-layer) category in absence whereof the petitioners were not in a position to mention the sub-category to which they belong and seeking declaration for being considered against the seats reserved for OBC (non-creamy-layer) category when the counselling took place and the entire process stands completed cannot be permitted at the stage when the rights of other selected candidates has accrued to them. The application form was made available to the applicant who participated to fill in the manner being instructed and any error may be by inadvertence as alleged but when all 1300 seats have been filled and the process stands completed on 04.01.2012 certainly after the admissions are made those who got admission cannot be non-suited for the reason being shown by the petitioners of inadvertence which is ordinarily being raised by the petitioners to take sympathy of the Court. Consequently, the petition is devoid of merit and accordingly stands dismissed. ;