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Hari Ram v. Vice-Chancellor,M.J.P. Rohilkhand University, Bareilly & Anr - WRIT - C No. 28594 of 2006  RD-AH 3159 (26 February 2007)
Civil Misc. Writ Petition No.28594 of 2006
Hari Ram Vs. Vice Chancellor, M.J.P., Rohilkhan University and others
Hon. S.N. Srivastava, J.
The dispute in the present petition relates to the admission in B.Ed. course in 2005-06 Session in M.J.P. Rohilkhand University, Bareilly. Petitioner passed Graduation with the subjects English, Economics and Political Science, but secured less than 45% marks. He completed Post Graduation in Sanskrit with more than 45% marks. Admission Committee of the University refused to admit petitioner on the ground that he did not fulfil the criteria fixed by the Admission Committee inasmuch as requisite qualification of having Post Graduation Degree in any subject of Graduation is not fulfilled. Thus, petitioner approached this Court praying to issue a writ of mandamus commanding the University to admit petitioner in B.Ed. Course.
Heard Sri Anubhav Chandra, learned counsel appearing for the petitioner and Sri Goving Saran, learned counsel appearing for the University.
Learned counsel for the petitioner urged that the admission in B.Ed. Course is governed by Section 28(5)(b) of the U.P. State Universities Act, 1973. Rules For Admissions of B.Ed. Course under U.P. State Universities Act also framed by the State Government and the Admission Committee was not competent to take a decision to the contrary. He further urged that according to Rules for Admission to Courses of Instruction for Degrees in Education in Affiliated or Associated Colleges of State Universities, 1983, the eligibility criteria for admission in B.Ed. Course is Graduation/Post Graduation with at least two school teaching subjects with 45% marks and the Admission Committee erred in law in fixing different criteria, i.e., Post Graduation with one school teaching subject opted at Graduation level. He further relying upon the Norm no.3 of National Council of Teacher Education which lays down eligibility criteria for admission in B.Ed. Course, i.e., the candidates should have opted two school teaching subjects at Graduation Level. According to learned counsel for the petitioner school teaching subjects is defined in own Admission Brochure of the University (Annexure-2 to the writ petition), are Science, Biology, Mathematics, Commerce, Hindi, English, Sanskrit, Music, Home Science, Art, Social Science (History, Geography, Civics & Economics) at Graduation Level. It is urged that petitioner completed his Graduation in two School Teaching, i.e., Subjects English and Economics and Post Graduation in Sanskrit which is also one of school teaching subject. Lastly, learned Counsel for the petitioner prayed for issuing a writ of mandamus to admit petitioner in B.Ed. Course.
In reply to the same, Sri Govind Saran, learned Counsel for University urged that Admission Committee is a statutory body under Section 28 of the U.P. State Universities Act which correctly fixed criteria for admission in B.Ed. Course in order to maintain Teaching standard, i.e., a candidate seeking admission in B.Ed. Course should secure 45% marks in school teaching subjects at Graduation/Post Graduation level with a rider of opting any of such school teaching subject at Post Graduation. He further urged that petitioner did not pass Post Graduation in the same subject opted at the Graduation level, therefore, he was rightly refused admission in B.Ed. Course. He further urged that Admission Committee rightly fixed eligibility creiteria for admission in B.Ed. Course.
Considered arguments of learned counsel for the parties and perused the materials on record as well as relevant rules.
Section 28(1) and (5)(b) of the U.P. State Universities Act are relevant for the purposes of the present case, the same are being reproduced below:-
"28(1) There shall be an Admission Committee of the University the constitution of which shall be such as may be provided for in the Ordinance.
X x x x
(5)(b) admission to medical and engineering colleges and to courses of instruction for degrees in education and Ayurvedic or Unani systems of medicine (including the number of students to be admitted), shall subject to Clause (a), be regulated by such orders (which if necessary may be with retrospective effect, but not effective prior to January 1, 1979) as the State Government may by notification, make in that behalf:
Provided that no order regulating admission under this clause shall be inconsistent with the rights of minorities in the matter of establishing and administering educational institutions of their choice."
From the materials on record, it transpires that State has already framed Rules For Admissions to B.Ed. Courses under U.P. State Universities Act, 1973. Under Rule 3 of the said Rules eligibility criteria laid down for admission in B.Ed. Course is being reproduced below:-
"3. Qualifications for admission.- The minimum educational qualification requisite for the admission of a candidate to B.Ed. Classes shall be the graduate degree with at least two school-teaching subjects, of a University established by law.
Explanation.-A candidate who has passed an examination for the degree of B.A. with Education or Psychology or Philosophy as one of the subjects and any one of the school-teaching subjects as another subject or B.Com. Or B.Sc.(Ag.) or B.Sc.(Home Science) as the case may be, shall be deemed to possess the minimum qualification within the meaning of this Rule.
But if a candidate has offered one school-teaching subject or Education or Psychology or Philosophy at the graduation level and has thereafter passed an examination at the graduation/postgraduation level with another school-teaching subject shall be deemed to possess the minimum qualification within the meaning of this rule."
Learned counsel for the parties did not dispute that 1983 Rules are still effective. It is also relevant to point out that National Council for Teacher Education has also framed its own norms to maintain standard of education and eligibility criteria for admission in B.Ed. Course has been fixed. Norm 3 has been fixed laying down criteria for admission in B.Ed. Course, same is being reproduced below:-
a) Candidate with at least 45% marks in the Bachelor's/Master's Degree with at least two school subjects at the graduation level are eligible for admission.
b) Admission should be made either on the basis of marks obtained in the qualifying examination or in the entrance examination conducted by the University/State Government, as per the policy of the State Government/University, to which the institution is affiliated.
c) There shall be reservation of seats for SC/ST/OBC, Handicapped, Women, etc. as per the rules of the concerned State Government."
Relevant portion of the resolution of the Admission Committee dated 18.1.2005 is Annexure-1 to the Counter Affidavit, Paragraph-8 of which is relevant for the purposes of the present case which makes it clear that the Admission Committee has laid down following criteria for eligibility for admission in B.Ed. Course, i.e., 45% marks in Graduation Course or 45% marks in Post Graduation Course with the rider that an applicant should have completed Post Graduation with one of the subjects opted at the Graduation level. Section 28(5)(b) of the U.P. State Universities Act makes it clear that the admission to degrees in education shall subject to Clause (a), be regulated by orders of State Government issued by a notification. A combined reading of all these relevant provisions make it clear that order passed by the State Government should have been considered before deciding/fixing the eligibility criteria by the Admission Committee for admission in B.Ed. Course, i.e., an applicant seeking admission in B.Ed. Course should have secured at least 45% marks at Graduation level with at least two school teaching subjects/Post Graduation with one school teaching subject opted at Graduation level. Petitioner passed Graduation with two school teaching subjects, i.e., English and Economics and also Post Graduation in Sanskrit which is also school teaching subject with 45% marks and as such Admission Committee was not justified in refusing to admit petitioner in B.Ed. Course only. The object of B.Ed. Degree is to prepare a candidate for teaching work and that is why State as well as National Council for Teacher Education fixed eligibility criteria for admission in B.Ed. Course, i.e., Graduation or Post Graduation with school teaching subject. No doubt the Admission Committee is a statutory body, but it cannot fix any norm for admission in B.Ed. Course contrary to the eligibility criteria fixed by the State Government under the 1983 Rules. Such Rules have binding effect in Section 28(5)(b) of the U.P. State Universities Act. Thus, Admission Committee acted illegally while fixing eligibility criteria contrary to the Rules For Admissions to B.Ed. Courses under 1983 Rules already in force under U.P. State Universities Act, 1974 framed by the State Government as well as norms fixed by the National Council for Teacher Education.
In view of the discussions made above, the Paragraph-8 of the resolution of the Admission Committee to that extent that an applicant must have completed his Post Graduation in same school teaching subject opted at Graduation Level is liable to be declared nonest and void.
With the result, writ petition succeeds and is allowed. Petitioner is entitled to get admission in B.Ed. Course. Accordingly, a writ of mandamus is issued commanding M.J.P. Rohilkhand University, Bareilly to admit petitioner in B.Ed. Course in the current session, if admissions are not closed. In case admissions in the current session in B.Ed. Course are closed, petitioner shall be admitted in the next session.
No order as to cost.
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