Reservation in migration disallowed by PU rules: HC
The high court bench of justice Mahesh Grover and justice Shekher Dhawan dismissed the university’s plea against the judgment of a single-judge bench.punjab Updated: Jun 26, 2017 15:15 IST
Panjab University (PU) rules do not permit reservation in migration, the Punjab and Haryana high court (HC) has held.
The high court bench of justice Mahesh Grover and justice Shekher Dhawan dismissed the university’s plea against the judgment of a single-judge bench.
The single-judge bench had held that rules do not permit reservation in migration.
The court had ordered the migration of general category students from PU regional centre, Muktsar and Hoshiarpur, to the department of laws, PU, after the varsity had denied this.
The reserved category candidates were lower in merit, but the university categorised the merit list by providing reservation and creating four categories — general, scheduled caste, scheduled tribe and defence prescribing a different cut off for each.
As vacant seats were divided among different categories, general category candidates could not make the cut.
In its May 1 order, the single judge bench had said that there is no provision for reservation in the migration scheme of the varsity.
PU challenged this decision before the division bench arguing that the Panjab University Calendar for making admissions to all university teaching departments and the affiliated colleges provide for reserved seats in each class.
But the division bench too opined that the calendar provides for reservation in fresh admission and not in migration as there is no provision for reservation.
The court had also summoned the varsity registrar and he conceded the point. It also came to light that there is no such practice and reservation had been resorted to for the first time.
“If that be so, then we are afraid then we cannot find any fault with the reasoning of the learned ‘Single Judge’ where the criteria of reservation applied to migration has been deprecated and negated. We would re-affirm the findings in the absence of any provision to the contrary,” the high court bench said while dismissing varsity plea.
The court also refused to interfere with the single bench order to admit the students in the fourth semester which is impermissible as the migration policy permits migration to the third and the fifth semester.
The court said that the students had applied well in time for the third semester but varsity dilly dallied, which resulted in such a “piquant situation”.
“Present problem is the creation of the university itself which did not decide the matter of the writ petitioners for an inordinate period despite several representations to remedy the situation,” the high court recorded, while allowing the migration of three students.