KUSHMA JOSHI Vs. PRO VICE-CHANCELLOR JAMMU AND KASHMIR UNIVERSITY

JUDGEMENT

(1.) THESE two petition Nos. 99 and 120 under section 103 of the Constitution of Jammu and Kashmir are by Kushma Joshi and Vedh Parkash respectively who sought but have been denied admission to the M. Sc. Chemistry class of Jammu and Kashmir University. The petitions pray that by issue of a writ of Certiorari the order of respondent No. 1 (Pro Vice -Chancellor of the Jammu and Kashmir University) whereby Baldev Chand Katoch a respondent in both the petitions, has been admitted to the said class be quashed and by a writ of Mandamus or other appropriate writ ther espondem No. 1 be directed to admit the petitioners to the said class in the current session.

(2.) AS these petitions Seak the cancellation of admission of one and the same respondent namely Baldev Chand Katoch to the M. Sc. Chemistry class of the Jammu and Kashmir University and raise identical points, it would be covenient to dispose them together by the judgment.

(3.) IN petition No. 99 of 1968 the petitioners case is that she passed the B. Sc. examination of the Punjab University securing 249 out of 500 marks, that she is a daughter of ex -serviceman who had after retirement been re -employed in the Military and stationed in the State, that she applied for admission to the M Sc. Chemistry class of Jammu and Kashmir University on the basis of her being the daughter of an ex -serviceman, that respondent No. 2 i. e. Baldev Chand Katoch who is not a son of an ex -serviceman and who passed the B. Sc. examination of the Punjab University in the 3rd division and had obtained 43 percent marks in Chemistry as against the petitioner who had secured 2nd division and obtained 50 percent marks in the subject has secured admission to the said class by cheating the University and by keeping the authorities in dark by not mentioning his parentage and by representing himself to be the ward of an ex -serviceman, that interview for the purpose of selecting candidates for admission to the said class was held and after the interview a Merit list was prepared wherein he was shown at serial No. 64 and respondent No. 2 at Serial No. 82, that in view of her merit position she was recommended by the Head if the department for admission to the said class but respondent No 2 was unduly favoured, that a copy of merit list prepared for admission to the said class and of the admission form of Baldev Chand for the said class as also of his B. Sc. certificate were denied to her in spite of a written request made by her in that behalf, that selection of the respondent No. 2 as against her is discriminatory and infringes Article 16 of the Constitution of India as applied to the State of Jammu and Kashmir and that the order of respondent No 1 granting admission to the respondent No. 2 is also bad as a seat reserved for children of ex -servicemen has been given to respondent No. 2 who does not belong to that category.