1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5922/07 Jitendra Nagar Vs. State of Raj. & Ors. Date of order : 11/2/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Jitendra Mitruka for the petitioner. Shri Ankur Rastogi, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed with the prayer that the respondents as well as Government College, Ajmer be directed to admit the petitioner in M.Phil (Botany) study course for the session 2007-08. Learned counsel for the petitioner has argued that petitioner has passed out the post graduation examination M.Sc.(Botany) and secured 61% marks and according to the criteria laid down by the respondents, a candidate who is resident of State of Rajasthan is eligible for admission to such course if he has secured 55% marks. 2 Besides, the petitioner is also regularly attending the National Service Scheme faculty and as per clause 6.8 of the admission criteria, he is entitled to preference in the matter of admission. It is contended that petitioner is a bona fide resident of the State of Rajasthan and in fact he has passed out B.Sc. and M.Sc. both from Maharishi Dayanand University, Ajmer to which the respondent no.3, Government College, Ajmer is affiliated. He submits that seat in the Government College, Ajmer was vacant when the petitioner has approached this Court. Learned Additional Govt. Counsel opposed the writ petition and argued that according to admission criteria, the preference / weigtage to the students belonging to National Service Scheme is granted only for admission to under graduate and post graduate courses and not 3 for M.Phil. Learned counsel further submits that petitioner can be considered for admission upon production of bona fide resident certificate, which he failed to do, therefore, for the candidate who is non-resident, the minimum qualified marks for admission is 70%. He also disputed that as of now there is any seat vacant for admission. Having regard to the facts of the case and the arguments advanced, I find that in the face of the arguments made by the learned counsel for the petitioner that he is a resident of State of Rajasthan and has passed out the degree of graduation as well as post graduation from Maharishi Dayanand University, Ajmer to which the Government College, Ajmer is affiliated, the writ petition is allowed. The respondents are directed to consider the case of the petitioner for admission in 4 M.Phil (Botany) upon his producing the bona fide resident certificate in preference to any candidate having lesser merit than him and in case it is found that either the candidate having lesser merit than the petitioner has been admitted or otherwise seat is vacant with the respondents, admit him within two weeks of the production of certified copy of the order. (MOHAMMAD RAFIQ), J. RS/