RAJIV MITTAL versus MAHARSHI DAYANAND UNIVERSITY AND ORS.

RAJIV MITTAL versus MAHARSHI DAYANAND UNIVERSITY AND ORS.

Where a reserved category candidate fails to secure a seat in the general category in the first counselling but secures admission to a reserved seat, he cannot subsequently claim or be shifted to an open seat which becomes available in subsequent counselling. Note 2 of the Information Brochure applies only if the candidate secures admission in the general category in the same counselling in which the reserved seat is also available to him.

Parties
Appellant: Rajiv Mittal; Respondents: Maharshi Dayanand University and ors.
Jurisdiction
India
Judgment Date
28 November 1997
Procedural Posture
Civil Appeal / Appeal Against the Judgment Dated 23.7.1997 of Punjab & Haryana High Court in C.w.p.no.1782 of 1997
Outcome
Appeal allowed. Judgment of the High Court set aside. Writ petition stands dismissed.
Legal Topics
Reservation in Education, Admission Procedures for Medical Colleges, Interpretation of University Information Brochure
Constitutional Law Education Law Reservation in Education Admission Procedures for Medical Colleges Interpretation of University Information Brochure

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Parties

Rajiv Mittal

Appellant

Maharshi Dayanand University and ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against the Judgment Dated 23.7.1997 of Punjab & Haryana High Court in C.w.p.no.1782 of 1997

Legal Issues

  1. 1 Whether a reserved category candidate who fails to secure a seat in the general category during first counselling but gains admission under the reserved category can be shifted to a general category seat if it becomes available in subsequent counselling
  2. 2 Interpretation of Note 2 in the Information Brochure of Maharshi Dayanand University

Ratio Decidendi

Where a reserved category candidate fails to secure a seat in the general category in the first counselling but secures admission to a reserved seat, he cannot subsequently claim or be shifted to an open seat which becomes available in subsequent counselling. Note 2 of the Information Brochure applies only if the candidate secures admission in the general category in the same counselling in which the reserved seat is also available to him.

Court Disposition

Appeal allowed. Judgment of the High Court set aside. Writ petition stands dismissed.

Orders

  • Set aside the High Court judgment.
  • No order as to costs.