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Raghvendra Sharma & Another v. State Of U.P. & Others - SPECIAL APPEAL No. 1340 of 2005  RD-AH 5801 (16 November 2005)
Special Appeal No.1340 of 2005
Raghvendra Sharma & another vs. State of U.P. & others
Hon'ble S. Rafat Alam, J.
Hon'ble Sudhir Agarwal, J.
Heard Dr H.N. Tripathi, learned counsel for the petitioner and Shri Govind saran, learned counsel for the University.
It is contended on behalf of the appellant that the N.C.T.E. has framed Rules (Annexure 2) laying down eligibility for admission in B.Ed. course wherein the requirement is that the candidate should have secured at least 45% marks in the Bachelor's degree or Master's degree and must have studied at least two schools subjects at the graduation level. He further submitted that the interpretation of the University that if the candidate has not secured 45% marks in Bachelor degree, then 45% marks in Master's degree would make him eligible for admission only if he has studied the subject of Master's degree at graduation level also and not otherwise is not correct. He submitted that this interpretation of University, if accepted, would amount to rewriting the provision made by N.C.T.E. and, therefore, the view taken by the University for canceling his admission and not declaring his result is clearly incorrect.
On the contrary, Shri Govind Saran, learned counsel for the University contended that the words ''two school subjects at the graduation level' is applicable to both the things, namely, Bachelor/Master's degree and the candidate must have studied in the same subject in Master's degree in order to become eligible for admission in B.Ed. course, if he has secured less than 45% marks at graduation level but more than 45% marks in Master's examination. Prima facie, the issue involves the interpretation of the rules framed by the N.C.T.E.
We are of the view that a, prima facie, case for admission is made out.
Learned standing counsel appearing for respondent no.1 and Shri Govind Saran, learned counsel appearing for respondent nos.2, 3 & 4 pray for and are allowed two weeks' time to file a detailed counter affidavit. The University in its counter affidavit shall also state specifically as to whether it has admitted any candidate, who has not secured 45% marks in Bachelor degree, but only in Master's degree, and has not studied in the same subject in the Master's degree.
Issue notice to respondent nos.5 & 6 through registered post with AD returnable at an early date.
Looking to the urgency in the matter, it is provided that the hearing of the appeal be expedited. Let the appeal be listed for hearing at an early date, preferably in the second week of January, 2006.
Certified copy of this order may be furnished to the learned counsel for the parties on payment of usual charges within four days.
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