SHABANA BANO Vs. SECRETARY KARNATAKA SECONDARY

JUDGEMENT

(1.) SELECTION of candidates for teachers training courses is regulated by what are known as Karnataka selection of candidates for admission to teachers certificate higher course and bachelor of education course (b. ed.), 1996. Rule 3 of the said rules prescribes the conditions of eligibility and stipulates that no person shall be eligible for admission under the said rules unless he is a citizen of India and has for admission to teachers certificate higher course, passed the ii year puc or an equivalent examination with a minimum of 50% marks in the general merit candidates or 45% in the case of candidates belonging to scheduled caste and scheduled tribes, backward classes and physically handicapped candidates. Rule 4 provides that there shall be two categories of seats viz. , 'government seats' and 'other seats'. While government seats have to be filled up by Karnataka candidates and other candidates specified in sub-rule (2) of Rule 7, the 'other seats' left to the managements have to be filled up in accordance with the norms stipulated by the rules. Rule 5 deals with determination of merit and inter alia provides that insofar as admissions to tch course are concerned, the same shall be determined by taking the aggregate marks obtained in the ii year puc or in an equivalent examination passed by the candidate. Proviso to Rule 5 envisages grant of weightage of 5% marks to rural candidates while preparing the merit list. Since the question that arises for consideration in the present writ petition turns on the interpretation of Rule 5, it is useful to extract the same in extenso.

(2.) RULE 6 prescribes the procedure for selection of candidates and requires the special officer to prepare a list of all eligible candidates in the order of merit called the merit list. Sub-rule (3) of Rule 6 reads thus.

(3.) INSOFAR as selection of candidates for other seats are concerned, Rule 8 requires the institution to call for applications from eligible candidates and to fill up such seats in accordance with the prescribed eligibility criteria in accordance with merit. The list of candidates so prepared has to be approved by the principal of the diets of the concerned district.