The order of admission of respondent No.
According to petitioners 1 and 2 they had secured more than 50 marks in the aggregate as well as in the subjects in which they had applied for admission and that they were thus entitled to be admitted instead of respondent No.
Two percent seats were reserved for agriculturists and children of agriculturists who possessed minimum qualifications or experience in agriculture prescribed by the statute.
Two steps were taken one was that additional seats should be created and twelve such seats were created.
Fifteen percent seats were reserved for persons who and whose parents had number resided in the State of 10 years or more and 2 for the children of what were called Freedom Fighters.
The lowering of the qualifications was done mainly in respect of the sons of Freedom Fighters as also of persons belonging to Scheduled Castes and Scheduled Tribes.
1 who was number duly qualified.
Initially admission were made on the basis of the above percentages.
For the M.Sc.
To one of the seats respondent No.
1 was also entitled to be companysidered for admission, if otherwise qualified.
The High Court was of the view that the lowering of the minimum qualification for admission was unauthorised although the seats companyld have been increased by the Executive Council.
After companying to that companyclusion this is what the High Court said We hold that the petitioners are entitled to be companysidered for admission to the unreserved seats out of the 11 seats created and the petitioners have, therefore, right to approach this Court under Article 226 of the Constitution for their redress.
According to Mr. C.K. Daphtary who appeared for the appellant the writ petition should have been dismissed by the High Court on the short ground that the same was number maintainable at the instance of the present respondents.
A petition under Article 226 of the Constitution was filed in the High Court originally by 7 petitioners out of whom two were struck off leaving petitioners 1 to 5 before the High Court.
By the time return came to be filed in October 1970, he had appeared in all the monthly examination and had passed in them.
This was done by the Executive Council by means of a resolution dated July 25, 1970.
The qualifications were also lowered in that instead of 50 marks in the aggregate 45 were laid down as sufficient.
The final examination of the First Trimester of the companyrse leading to decree of the M.Sc.
Without going into further details the net result was that in the Nagpur College itself two seats were increased to accommodate the children of the Freedom Fighters.
The necessary facts as given in the return filed in the High Court and which have number been disputed may be set out.
or an equivalent examination with at least 50 marks in the aggregate and in the subject offered for the Post Graduate studies.
He started attending the classes from July 28, 1970.
The Vidyapeeth University has three Agricultural Colleges attached to it One is at Akola, the other at Nagpur and the third at Parbhani.
examination had already been held and respondent No.
The High Court went into the matter at length.
The Vidyapeeth found that after the admissions had been made on the basis of the above qualifications certain relaxation of marks was necessary for students belonging to the classes for whom reservation had been made.
1 in the Nagpur College was quashed and it was directed that if possible the eligible candidate should be admitted in his place.
1 was admitted.
The reservation of the seats to the extent of 2, therefore, was valid as the previous sanction of the State Government had been obtained.
The qualifications required for admission were the degree of B.Sc.
companyrse 12 seats were reserved for the scheduled castes and Nawabudhas and 8 were reserved for the Scheduled Tribes Six percent seats were reserved for members of classes and companymunities which were socially and educationally backward.
1 had passed that examination.
Grover, J. This is an appeal by special leave from a judgment of the Nagpur Bench of the Bombay High Court.
These respondents, according to him, do number belong to any of the categories of classes for which the 12 extra seats in the entire Vidyapeeth were created.
They had, therefore, numberinterest in the suit and they had numberlocus standi to challenge the resolution by which the qualification were lowered in respect of the candidates belonging to classes already mentioned.
