RANJANA PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) TARUN Agarwala, J. Admissions in B. Ed. course is governed by the regulations framed by National Council for Teacher Education (Standards Norms and Procedure) Regulations, 2005 (hereinafter referred to as the 'ncte' ). These Regulations were amended by a notification dated 20-7-2006 wherein the norms and standards were modified. Previously the minimum eligibility for admission was 45% marks in a Bachelor's degree or in a Master's Degree, but after the amendment, vide notification dated 20-7-2006, the eligibility criteria was increased from 45% to 50%. The controversy involved in the present petition revolves around clauses 3. 2. 1, 3. 2. 3 and 3. 3 of the Regulations framed by NCTE. For facility the said Regulations are quoted herein below : " (3. 2. 1) Candidate with at least 50% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme. (3. 2. 2) There shall be relaxation of marks/reservation of seats for candidates belonging to SC/st/obc communities and other categories as per the Rules of the Central/state Government, U. P. Administration concerned. (3. 3) Admission Procedure Admission shall be made on merit on the basis of marks obtained in the qualifying examination and/or in the entrance examination or any other selection process as per the policy of the State Government, U. P. Administration and the University. "

(2.) FROM a perusal of clause 3. 2. 1, it transpires that the candidates who held 50% marks either in B. A. or in M. A. or in an equivalent examination would be eligible for admission to the programme. Clause 3. 3 prescribes the procedure for the admission and stipulates that admissions would be made on merit on the basis of the marks obtained in the qualifying examination and/or in the entrance examination or through any other selection process, as per the policy of the authorities or the University, as the case may be.

(3.) BASED on the aforesaid policy framed by the University, the petitioner applied for the B. Ed. course and appeared in the entrance examination. The petitioner secured 35% marks in one paper and 45% in the second paper. Since she did not fulfil the minimum eligibility requirement contemplated under Clause 2. 2, namely 40% marks in each paper, she could not qualify and therefore, her name did not appear in the list of successful candidates.