- (1.) Only one contention was raised in this petition by learned counsel Mr. R. K. Soni for the petitioner namely, that the respondents have wrongly calculated the vacancies and not properly applied reservation.
(2.) Before dealing with this submission, few material facts are required to be stated which are as under :- 1. Minor Mohan Lal Purohit has filed this petition through his father and prayed that the respondents be directed to consider the candidature of the petitioner for admission in Teacher's Training Course (T.T.C.) in accordance with the merit and admit him in the said course. 2. The petitioner belongs to general category. 3. The petitioner was first in waiting list. 4. Three candidates, (1) Champa Lal at No. 3 in the merit list and (2) Bhabhoota Ram at No. 11 in the merit list and (3) Anil Kumar did not join the course. 5. Applications were invited for 40 seats and admissions were given to 37 candidates. 3 seats remained vacant because of the above 3 candidates not joining the course. 6. From the table at page 38 of the reply affidavit, it is clear that there were 3 vacant seats, out of which 2 belonged to Scheduled Caste and 1 to the female. 7. From the table at page 38, it is clear that as per the reservation policy, 6 seats belong to S.C., 5 seats belong to S.T., 1 seat belongs to physically handicapped, 3 seats belong to wards of deceased Govt. servants, 2 seats belong to Defence Personnels Political sufferers, 16 seats belong to ladies and only 7 seats belong to general category, making it a total of 40 seats. 8. Out of which, admissions were given to 4 each in S.C. and S.T., 1 each in Physically handicapped, Wards of deceased Govt. servants and Defence Personnel Political Sufferers and instead of 7, 11 male persons were given admissions in general category. Thus, admittedly 4 more persons were already given admission in general category by diverting quota from category at 3, 4 and 5. In female quota, no one was appointed in S.C., Physically handicapped, wards of deceased Government servant and wards of defence personnel. However, only 1 female was appointed in S. T. category and 14 in ladies category. Thus, 22 male were given admission and 15 female were given admission making it a total of 37. Thus, from the above, it is clear that there were already 2 vacant seats belonging to S.C. which remained unfilled and the respondents had to give appointment to one Kumari Anupama belonging to S.T. quota under the orders of this Hon'ble Court passed on 26-12-97 in S. B. C. Writ Petition No. 4617/97.
(3.) It is clear that the respondents were required to first filled up 3 vacant seats belonging to S.C. and S.T. category, out of which 1 seat was already filled up under the orders of this Court and 2 remaining seats were required to be filled up from S.C. quota and accordingly, they had filled up the same. Merely because the petitioner was first in the waiting list that would not entitle him to get admission against the S.C. or S.T. quota.;