Full Judgment Text
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CASE NO.:
Appeal (civil) 2816 of 2008
PETITIONER:
State of Uttar Pradesh and Ors
RESPONDENT:
Anand Singh
DATE OF JUDGMENT: 16/04/2008
BENCH:
B.N. AGRAWAL & G.S. SINGHVI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO. 2816 OF 2008
(Arising out of S.L.P. (C) No.9506 of 2007)
Heard learned counsel for the parties.
Delay condoned.
Leave granted.
It appears that in B.T.C. Entrance Examination, 2000, respondent-Anand
Singh and one Dhiraj Kumar Mishra had also appeared and a waiting list was
prepared. In the waiting list at serial No.1, name of the respondent was mentioned and
in waiting list No.2, that of Dhiraj Kumar Mishra. A complaint was made before the
learned Single Judge of the High Court that in spite of the fact that name of
respondent was at Serial No.1 in the waiting list, Dhiraj Kumar Mishra, whose name
was at Serial No.2., was granted admission.
Learned Single Judge of the High Court allowed the writ petition and
directed that respondent shall be granted admission in the vacancy available in the year
2003. The said order has been confirmed by the Division Bench. Hence, this appeal by
special leave.
....2/-
- 2 -
The stand of the appellant is that waiting list was prepared according to roll
numbers and not as per merit. It has been stated that respondent had secured 147.64
marks, whereas Dhiraj Kumar Mishra had secured 159.34 marks. The roll number of
the respondent was 366213 and that of Dhiraj Kumar Mishra 366772. As Dhiraj
Kumar Mishra had secured higher marks, he had a preferential claim for admission
and was rightly admitted. This being the position, learned Single Judge of the High
Court was not justified in allowing the writ petition and the Division Bench should not
have confirmed the same.
Accordingly, the appeal is allowed, impugned orders are set aside and writ
petition filed by respondent before the High Court is dismissed.