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Ashutosh v. Bundelkhand University Thru' Registrar & Ors. - WRIT - C No. 37263 of 2005 [2006] RD-AH 7504 (10 April 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


             Court No. 7

Civil Misc. Writ Petition No. 37263 of 2005



Bundelkhand University, Jhansi & Others


Hon'ble Rakesh Tiwari, J.

Heard learned counsel for the parties and perused the record.

The petitioner appeared in the B.Ed. Entrance Examination for the academic session of 2004-05 conducted by the Bundelkhand University under the self-finance scheme. Along with his application the petitioner enclosed a certificate that he was a Teachers' Ward and claims weightage of 15 marks. The result of the Entrance Examination was declared and the petitioner was declared successful. Counseling was fixed for 14.2.2005. The petitioner secured 200 marks and the last candidate admitted to the B.Ed. Course secured total 202 marks in the O.B.C. category to which the petitioner belongs.

The contention of the learned counsel for the petitioner is that the petitioner secured 200 marks without adding weightage of 15 marks of Teachers' Ward after which his total comes to 215 marks and as such he should have been selected for the B.Ed. Course.

The stand of the learned counsel for the respondents is that the weightage of 15 marks has been denied to the petitioner on the ground that the certificate filed by him to establish that he was a Teachers' Ward was not in prescribed proforma. It appears that the petitioner has thereafter filed Writ Petition No. 16810 of 2005, which was disposed of with a direction to the University to decide the representation of the petitioner.  However, the Registrar of the University rejected the representation of the petitioner on the same ground that the certificate of the petitioner was not on the prescribed proforma.

Aggrieved the petitioner filed the present Writ Petition No. 37263 of 2005 wherein this Court has passed an interim order dated 6.5.2005 directing the Registrar of the University to grant provisional admission to the petitioner to B.Ed. Course in the ensuing academic session of 2004-05 (self-finance) within two weeks from the date of receipt of a certified copy of this order and further directed that the petitioner shall be admitted in an affiliated college.

In spite of time granted by the Court to Sri R.P.Tiwari, learned counsel for the respondents, he has filed no counter affidavit on behalf of the University. In the circumstances the averments made in the writ petition are taken to be correct.  

The writ petition is accordingly allowed and the impugned order dated 15/20.4.2005 passed by respondent no. 2 is quashed. The provisional admission granted to the petitioner to B.Ed. Course is made absolute. The marks shall be awarded to the petitioner within 15 days from today.    

Dated: 10.4.2006



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