TMI Blog1972 (5) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... ities which were socially and educationally backward. Two percent seats were reserved for agriculturists and children of agriculturists who possessed minimum qualifications or experience in agriculture prescribed by the statute. Fifteen percent seats were reserved for persons who and whose parents had not resided in the State of 10 years or more and 2% for the children of what were called Freedom Fighters . Initially admission were made on the basis of the above percentages. The qualifications required for admission were the degree of B.Sc. (Agri.) or an equivalent examination with at least 50% marks in the aggregate and in the subject offered for the Post-Graduate studies. The Vidyapeeth found that after the admissions had been made on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subjects in which they had applied for admission and that they were thus entitled to be admitted instead of respondent No. 1 who was not duly qualified. The High Court went into the matter at length. It proceeded on the basis that the reservations could be made for the children of Freedom Fighters under Section 5 of the Punjabrao Krishi Vidyapeeth (Agricultural University) Act 1968, hereinafter called the 'Act'. The reservation of the seats to the extent of 2%, therefore, was valid as the previous sanction of the State Government had been obtained. 4. The High Court was of the view that the lowering of the minimum qualification for admission was unauthorised although the seats could have been increased by the Executive Council. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould only mean that not only the career of the present appellant would be affected but also of the other 11 students who were admitted along with him and who had not been made parties would be affected, the total number of seats which had been increased being 12. In the return filed on behalf of the Vidyapeeth etc. in the High Court it had been pointed out that the minimum qualifications of marks for the categories of certain person had been relaxed even by the Indian Agricultural Research Institute and on that basis the Executive Council had taken a decision to reduce only one part of the qualifications, namely, that in the aggregate instead of 50%, obtaining of 45% marks was sufficient. Without going into the question of the validity of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1970 whereas any eligible candidate out of the present respondents who may be held entitled to admission in accordance with the judgments of the High Court cannot qualify for any Post-Graduate Degree unless he starts attending the course which will mean that another period of two years will have to lapse before he can get the Post-Graduate degree if he passes all the examinations etc. The High Court, while granting the relief, ought to have kept in view the injustice that would result in a matter like this and which would make the grant of the writ almost futile. It is true that a good deal of time has lapsed owing to the pendency of the appeal in this Court but even the judgment of the High Court was delivered on November 6, 1970 by which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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