ABHISHEK SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, Abhishek Srivastava, who had obtained degree of Master of Commerce had a keen desire to become a teacher, as his father, who was also a teacher, died in harness. He appeared in the Entrance Test conducted by Bundel khand University in the year 1997 for admission to B.Ed. Course and topped the list of the successful candidates having secured 84.47% marks. The petitioner was not allowed to take up admission at Pt. J.N. College, Bandarespondent no.3 as his name did not appear in the list transmitted by the University for admission to the B.Ed. Course in the aforesaid College, obviously for the reason that the percentage of marks of the petitioner in B.A. was less than the prescribed minimum of 45 per cent as notified by the State Government amending the Uttar Pradesh State Universities (Regulation of Admission to course of instruction for Degree in Education in Affiliated, Associated and Constituent Colleges) order 1987. By the said amendment it has been provided that for admission in the B.Ed, course the minimum qualification would be graduate degree of a University established by law with a minimum 45 per cent marks. The petitioner ran from pillar to post by making representations but no orders were passed with the result the petitioner had to file a writ petition no. 36094 of 1997 which was finally disposed of by this court on 27.10.1997 with the direction that the pending representation of the petitioner shall be decided within the period specified and that till the representation of the petitioner is decided he shall be permitted to join B.Ed. Classes in respondent no.3 College, Against this order the respondent University filed a Special Appeal No. 1046 of 1997 which was ultimately dismissed in view of the decision rejecting the representation of the petitioner on 2.12.97 (Annexure-7). After the rejection of the representation the petitioner was not allowed to attend the classes.

(2.) In the present writ petition under Article 226 of the Constitution of India, a prayer has been made by the petitioner that the order dated 2.12.1997, Annexure-7 to the writ petition, rejecting his representation be quashed and the respondents be commanded to permit him to pursue his stuties in B.Ed. Course in respondent-3 college and no impediments or restrictions should be placed in his taking up the ensuing examinations. A supplementary affidavit has been filed to indicate that now the examinations are to take place in the month of October, 1998.

(3.) In the counter affidavit filed by respondents 1 and 2 it has been averred that since the petitioner does not fulfil the minimum qualification as has been prescribed under the notification dt. 4.7.1997, Annexure-9 to the writ petition, he was not eligible to appear in entrance test. It was maintained that the petitioner being ineligible to appear in the entrance test, is not entitled to seek admission in B.Ed, course, even though he had topped the list of the successful candidates. A rejoinder affidavit has been filed.