Challenging law admission in Law Department of Panjab University in High Court, Chandigarh
Law Department of Panjab University Chandigarh is known for its excellence in academics vis–vis subject of law is concerned for ages.
It has given many bright lawyers to the country.Every year the admission process of law is tagged with controversy.
One can have a look at the brochure here.
Total no. of seats as per the brochure of Department of Laws, Panjab University, Chandigarh is 300.
53.5% for general category.
46.5% for reserved category which comprises of 15% seats are reserved for SC, 7.5% for ST and 5% is reserved for the backward classes.
FACTS OF THE CASE:
- The case pertains to violation of reservation policy in admission process at Department of Laws, Panjab University, Chandigarh.
- University conducted separate counselling for ST/SC/OBC students and general category students on 22nd August and 24th August
- On complaint, committee was formed to revise the list but the department did not follow.
- Arguments- reserved category students says they must be considered as an open category students since they are meritorious.
OPINION- This would not be possible since the reserved category students have availed the opportunity under reserved quota and not general quota.
Now, let’s have a look at the conditions of reservation straight from the brochure.
A. Seats: General and Reserved
1) Generally 53.5% of the seats in each course shall be treated as belonging to the General
2) 46.5% seats shall be treated as belonging to the Reserved Category, as per details given below:
(i) 15% for candidates belonging to the Scheduled Castes.
(ii) 7.5% for candidates belonging to the Scheduled Tribes.
(iii) 5% for candidates belonging to the Backward Classes
Provided that the reservation in (i) and (ii) can be inter-changeable, i.e. if sufficient number of applicants is not available to fill up the seats reserved for Scheduled Tribes, they may be filled up by suitable candidates from Scheduled Castes, and vice versa. The above reservation shall be subject to the following conditions:
a. the number of students admitted on merit shall not be included in the number of seats
b. members of Scheduled Castes / Scheduled Tribes/ Backward Classes shall be allowed a concession of 5% marks for admission to the courses in which a certain percentage of minimum marks has been prescribed provided they have obtained minimum pass marks prescribed by the regulations;
c. in case the seats earmarked for Scheduled Castes/Scheduled Tribes remains unfilled, a further relaxation in marks may be given, in order of merit inter-se amongst the candidates themselves, so that all the reserved seats are filled by candidates belonging to these categories; and
d. a Scheduled Caste/Scheduled Tribe person on migration from the State of his origin will not lose his status as Scheduled Caste / Scheduled Tribe but he/she will be entitled to the concessions/benefits admissible to the Scheduled Castes / Scheduled Tribes from the State of his origin and not from the State where he has migrated. [Regulation 29.1, P.U. Cal. Vol. 1, 2007 (Page 168)].
(iv) 5% seats will be horizontally reserved for persons or class of Persons with Disability (PwD)* out of which 1% each shall be reserved for persons suffering from the disabilities specified under the RPWD 2016 Act:
Talks about guidelines for admission to the reserved category of sports.
The law on this topic is clear, if reserved category students have availed confession of nay sought be it be it age, minimum percentage to qualify then he can not be considered for general category seats.
The idea is to give a level playing field to the general category students where merit alone is the criteria.
Gujarat Public Service Commission v. Parmar Nilesh Rajendra Kumar 2015
Deepa v. Union of India, Supreme Court, 2017.
Now the case is filed for September 25 for response by varsity in Court of Justice Daya Chaudhary of Punjab and Haryana High Court at Chandigarh.
Till then stay tuned for more updates on LLB admission of Panjab Univeristy 2019 Session.
For more information, please dial 9988817966