Case Note & Summary
The petitioner, Abhishek Bhaskarrao Jadhav, filed a writ petition before the Bombay High Court challenging the denial of admission to the B.V.Sc & A.H. course for the academic year 2014-15 at Maharashtra Animal and Fishery Sciences University, Nagpur. The petitioner belonged to the open category but fell within the ambit of the 'Freedom Fighter category' as per Clause 9.3(B) of the Prospectus, which provides 2% horizontal reservation for Freedom Fighter (FF) candidates. The petitioner was otherwise eligible for consideration under this category. However, the respondent university denied him admission on the ground that the seat in the Freedom Fighter category was also horizontally reserved for female candidates (30% female reservation), and since no female candidate was available, the seat remained vacant. The petitioner argued that the horizontal reservation for females should not be applied to deny admission to a male candidate when no female candidate is available. The court, after hearing the parties, held that the procedure for filling seats as per the Prospectus, particularly Step III, allows conversion of female seats to male seats if no female candidate is available. The court directed the respondent to admit the petitioner to the course, as the seat in the Freedom Fighter category was vacant and the petitioner was the only eligible candidate. The judgment was delivered by a division bench of Justices Anoop V. Mohta and A.S. Gadkari on October 8, 2014.
Headnote
A) Reservation - Horizontal Reservation - Freedom Fighter Category - Female Reservation - Admission - The petitioner, a male candidate belonging to the Freedom Fighter category, was denied admission to a seat reserved for that category because the seat was also horizontally reserved for female candidates. The court held that horizontal reservation for females cannot be applied to deny admission to a male candidate when no female candidate is available in the same category. The court directed the respondent to admit the petitioner to the B.V.Sc & A.H. course. (Paras 2-6)
Issue of Consideration
Whether a male candidate belonging to the Freedom Fighter category can be denied admission to a seat reserved for that category on the ground that the seat is also horizontally reserved for female candidates, when no female candidate is available in that category.
Final Decision
The court allowed the writ petition and directed respondent No.1 to admit the petitioner to the B.V.Sc & A.H. course for the academic year 2014-15 under the Freedom Fighter category, as the seat was vacant and no female candidate was available.
Law Points
- Horizontal reservation
- vertical reservation
- freedom fighter category
- conversion of female seats to male seats
- admission procedure
- interpretation of prospectus
