SMITA NIGAM Vs. BUNDELKHAND UNIVERSITY

JUDGEMENT

(1.) Heard Sri U.K. Saxena, Advocate on behalf of the petitioner, Sri R.P. Tiwari, Advocate on behalf of respondent Nos. 1 and 2 and learned Standing Counsel on behalf of respondent No. 4.

(2.) The petitioner, Smita Nagam is married daughter of Dr. R.K. Nigam, which was admittedly employed as Reader in D.V. Post Graduate Degree College Orai, Jalaun, which is a college affiliated to Bundelkhand University Jhansi. The petitioner accordingly claimed 15 weightage marks on the ground of her being teacher's ward, for admission in the B.Ed. Entrance Examination conducted by the Bundelkhpnd University, Jhansi. In the written entrance examination the petitioner secured 210 marks, she was awarded 25 weightage marks, which included 10 marks because of her being possessed of N.S.S. Certificate and 15 marks because of her being a teacher's ward. Thus the total marks obtained by the petitioner for the purposes of admission in B.Ed. Course was determined by the University as 235 Marks. Accordingly the petitioner was invited for counseling and during counseling she was required to deposit a sum of Rs. 36,000/- towards her fee and she was allotted Bansi Dhar Degree College Orai, Jalaun for admission in B.Ed. Course for the year 2004-05 under Self Financing Scheme. On the same date the Admission Committee vide letter dated 13th April, 2005 Scored out weightage marks (15 marks) awarded to her as teacher's ward on the ground the she has been married and therefore she is not entitled to the benefits applicable to the teacher's ward. As a result of the deduction of the 15 weightage marks the petitioner has become ineligible for being admitted in the said course. Hence the present writ petition.

(3.) The short, controversy giving raise to the present writ petition is confined to the issue as to whether a married daughter of a teacher or a non-teaching staff of a recognized college is entitled to the benefits of 15 weightage marks in accordance with notification dated 5th May, 1987 issued by the; State Government for admission in B.Ed. Course or not. For the purposes of appreciating the aforesaid controversy, it would be relevant to reproduce the said notification, the relevant portion whereof reads as follows: