SECRETARY EDUCATION DEPARTMENT Vs. VADIRAJACHARY AINAMDAR

JUDGEMENT

(1.) THESE appeals are filed assailing the judgment of the learned single judge allowing the writ petitions filed by the students who sought for a writ in the nature of mandamus directing the respondents to consider them for admission to b. ed, course in the state of karnataka.

(2.) THE facts of the case are, that the petitioners in these petitions are graduates having taken education, philosophy or psychology and other subjects prescribed by the university. They are all qualified after passing their graduation examinations. They applied for admission to b. ed, course for the academic year 1996-97. Some of the applications of the petitioners were rejected and some candidates were not considered on the ground that the petitioners are not qualified as they are not having qualifications according to Rule 3 (b) of the Karnataka selection of candidates for admission to teachers certificate higher course (t. c. h.) and bachelor of education course (b. ed.) 1996 (hereinafter called the rules ). Petitioners contended that after the rules are issued by the government, government has also issued an additional notification. The rules are issued on 15-6-1996. The government issued a notification dated 20-6-1996 laying down the criteria for admission. According to that criteria, they are eligible and qualified for admission. Therefore, the rejection of their applications or non-consideration of their applications on the ground they are not qualified is not correct and legal and the action of the government is arbitrary and violative of Article 14 of the Constitution of india.

(3.) THE government has filed an objection denying the allegations made in the writ petitions. It is pleaded that as per the rules, the petitioners are not qualified as they have not passed the examination prescribed in the rules. The notification issued later will not have the force of law. Therefore, the same cannot be taken into consideration and the writ petitions are liable to be dismissed.