JUDGMENT
A.K. Padhi, J.
1. Petitioner is a student desirous of taking admission to Post-Graduate Classes in Botany being denied of a seat has approached this Court.
2. In the writ application it has been averred that no prospectus was published for the year 1993-94. The Admission Information (Annexure-1) does not indicate that the prospectus for the year 1992-93 was to be followed for the session 1993-94, nor the admission information indicated, regarding reservation of seats for Scheduled Caste or Scheduled Tribe candidates. As per the decision of the Admission Committee, petitioner is entitled to a seat. For this submission, reliance is placed on the letter No. III HF/M-34/93 : 33011/ HE dated 22-7-1993 (Annexure-3), the Principal Secretary to Government, Department of Higher Education, wrote to the Director of Higher Education, Orissa, Bhubaneswar, a copy of which was forwarded to the Principal, Ravenshaw College in which policy decision was taken regarding reservation of seats for Scheduled Caste and Scheduled Tribe students in +2 and +3 course. A copy of this letter is annexed as Annexure-3 to this writ application.
Clause (1) of the said letter reads as follows :
“12% of the seats available in +2 and +3 courses of studies shall be reserved for students belonging to Scheduled Tribes and 8% of the seats for students belonging to Scheduled Castes as at present.”
In Clause (2) it is written to the following effect:
“These reserved seats shall not be interchangeable between S. C. and S. T. students and any reserved seats remaining vacant in either category may be filled up on the basis of the general merit list.”
Basing on this Annexure-3 the Admission Committee on 26-8-1993 resolved :
“The principles of reservation of S. T./S. C. followed in undergraduate admission may be followed in P.G. Admission.”
As records disclosed admission to the Post-Graduate courses started on 13-9-1993. Admittedly at the time of admission the policy of Admission Committee was followed while admitting the students to Post-Graduate classes. The petitioner was not selected in first selection, It is submitted that since all the seats had not been filled up in the first selection so for as Scheduled Caste and Scheduled Tribe candidates are concerned, the rest of the seats should have been filled up by general candidates on basis of merit list. Seats fell vacant as sufficient number of Scheduled Tribe candidates were not available for admission. According to the merit list, the petitioner was entitled to get a seat, if, the seats would have reverted to the general category. Instead of allotting a seat to the petitioner the authorities filled up the same by the Scheduled Caste candidates, Praying for issuance of a writ of mandamus, directing the authorities to allot a seat to her in the Post-Graduate in the Botany discipline she has filed this writ application.
3. Return has been filed by opposite parties stating therein that reservation of seat for Scheduled Caste and Scheduled Tribe candidates are filled up in accordance with the guide-line indicated in G. O. No. 51800/EYS dtd. 18-11-1933. As per the guideline, 20% of the total seats available are to be kept reserved for candidates belonging to Scheduled Caste and Scheduled Tribe. Out of the 20% of the seats so reserved, 12% of the seats are to be filled up by Scheduled Tribe candidates and the rest 8% are meant for Scheduled Caste candidates. According to prospectus, if any reserved seat meant for Scheduled Tribe candidates falls vacant it shall go to the Scheduled Caste candidates and vice versa. Following this principle, the seats which fell vacant as sufficient number of Scheduled Tribe candidates were not available they were filled up by Scheduled Caste candidates. It is also submitted by the opposite parties that the Admission Committee had resolved by its resolution dtd. 26-8-1993 circulated by the Principal on 28-8-1993 that the principle of reservation as per the guide-line issued for under-Graduate students the same admission was to be followed regarding admission to Post-Graduate classes. Subsequently, the Department of Higher Education vide Memo No. 43969/HE dtd. 15-9-1993, as per Annexure-D/1, clarified that the reservation of seats for admission for Scheduled Caste and Scheduled Tribe candidates in +2 and +3 courses as per letter dtd. 22-7-1993 (Annexure-3) shall not be applicable to the Post-Graduate courses. This letter received by the Principal, Ravenshaw College, was circulated to all the heads of departments on 27-9-1993. Therefore, the authorities filled up the vacant seats meant for Scheduled Tribe candidates by allotting same to Scheduled Caste candidates.
4. Regarding the first contention of the opposite parties that according to the prospectus, the seats which could not be filled up by Scheduled Tribe candidates are to be filled up by Scheduled Caste candidates and vice versa and could not have been filled up by the general candidates, is not acceptable as we find no prospectus was published for the year 1993-94. Information sheet, which was issued as per Annexure-A, does not indicate that the prospectus issued for the year 1992-93 was also to be followed for the year 1993-94. The information also does not indicate the modality for filling up of the vacant seats meant for the reserved categories.
5. Regarding the second contention, i.e., as per Annexure-D/1, the vacant seats meant for Scheduled Tribe candidates were to be filled up by Scheduled Caste candidates is also acceptable. The admission Committee had decided on 26-8-1993 that the principle of reservation meant for +2 and +3 courses was also to be followed Post-Graduate courses. Admittedly, the admission process to Post Graduate courses started on 13-9-1993 and the only principle which was to be followed by the opposite parties was that if any seat fell vacant meant for any of the reserved categories was to be filled up by the candidates of general category in accordance with the merit list. the subsequent letter dtd. 27-9-1993 could not override the policy decision of the Admission Committee as in one session there cannot be two procedures for admission to the Post Graduate course. In that view of the matter, the procedures which were followed by the authorities by filling up the vacant seats which were followed for the Scheduled Tribe candidate by Scheduled caste candidates, was not correct. We have been informed that student have already taken admission and course have started. On instruction, counsel for the opposite parties has submitted before us that one student had taken his transfer certificate from Ravenshaw College and taken admission in another college and therefore, one seat is lying vacant. Though we have come to the conclusion that the same authorities should not have adopted two types of prosecute in the same year, since students have taken admission to higher studies shall be affected by our order, we direct that the student, who have already taken admission, shall continue but the vacant seat shall be allotted to the approach on payment of requisite fees. The petitioner is directed to approach the authorities within a week, if she intends to take admission. After payment of necessary fees she shall be allotted a seat in the 5th year Botany Class. It is made clear that this order is confined to the facts of this case and the admission process of this year is no to be questioned by any other student desirous to take admission to post graduate courses as the admission session is already over free copy of this order shall given to the counsel for opp. party No.
D.M. Patnaik, J.
I agree.