SHETHNA, J. - (1.) THE petitioner belongs to O. B. C. and by caste Jat. He is M. A. with Sanskrit and acquired 54. 11% marks from J. N. V. University. He has prayed in this petition that respondent University Grants Commission, New Delhi be directed to prescribe relaxation in the conditions of eligibility to the members of O. B. C. also as provided for the members of S. C. /s. T. category by issuing writ of mandamus. It is also prayed that the petitioner be permitted to face NET Examination-1999 by treating him eligible to appear in the same.
(2.) RESPONDENT Commission conducts National Education Test (NET) for Junior Research Fellowship for appointment as a Lecturer in any University of its affiliated Colleges and Govt. Colleges in the entire country. The Commission has prescribed conditions for eligibility to appear in NET and also prescribed age limit. It has also provided relaxation in age as well as marks, but there is discrimination to O. B. C. regarding relaxation in 5% marks. The age limit for Junior Research Fellowship should not be more than 28 years as on 1. 12. 1999 and the relaxation upto 5 years is given in case of candidates belonging to SC/st, Physically Handicapped, Women and O. B. C. but relaxation in marks is confined to only SC/st category and it has not been given to the O. B. C. category. As per the condition of eligibility, candidate other than SC/st category was eligible, provided he secured 55% marks, whereas, the petitioner, who belongs to O. B. C. has unfortunately secured 54. 11% marks which is less than 55%. His grievance in this petition is that if the respondent Commission had provided relaxation regarding marks to O. B. C. candidates then he would have certainly become eligible. It is, therefore, prayed that the respondent Commission be directed to provide relaxation regarding marks in favour of O. B. C. also. The submission of Mr. Purohit for the petitioner was that when the Commission had provided relaxation in case of age to one and all i. e. SC/st, O. B. C. and others then there was no justifiable reasons in providing relaxation in marks to only people belonging to SC/st category. He submitted that the Commission ought to have provided relaxation in marks also to O. B. C. and others alongwith SC/ ST category. It is discriminatory action of the Commission which is violative of Article 14 and 16 of the Constitution of India. Hence, this Court may issue a writ of mandamous to the respondent Commission to provide relaxation in marks also to the O. B. C. category as it is provided to the SC/st category people. It is true that the respondent Commission has provided relaxation in age to one and all i. e. SC/st, O. B. C. and others, but merely because the Commission has provided relaxation in age to all the categories that does not necessarily means that the Commission was required to provide relaxation regarding marks also in case of O. B. C. and others when it has provided to SC and ST Category. While providing relaxation in age it may be in the mind of the Commission that some be-nefit should be given to one and all categories including SC/st, O. B. C. and others because so far as question of age is concerned they should not made to suffer. But, regarding marks the Commission might have thought it fit to provide relaxation to SC/st category because they are really down trodden people and they needed more encouragement. Whatever may be the reasons for providing relaxation in marks to SC/st category this Court cannot go into that question. In any case, this Court cannot legislate and issue any such direction for issuing writ of mandamous to the Commission to provide relaxation in marks also to O. B. C. and other categories which benefit is given to SC/st category only. In view of the above discussion. I do not find any substance or merit in this petition and it fails and is hereby dismissed. . ;