C SHIVA KUMARI Vs. DIRECTOR VACATION COURSES IN EDUCATION INSTITUTE OF ADVANCED STUDY IN EDUCATION OSMANIA UNIVERSITY HYDERABAD

JUDGEMENT

(1.) These four writ petitions can conveniently be disposed of by a common order as common question arises for consideration.

(2.) The respondent, Director, Vacation courses in Education, Institute of Advanced study in Education, Osmania University, Hyderabad, issued a notification in November, 1999 inviting applications for appearing in the entrance test for B.Ed., Vacation course, known as B.Ed., VCE-1999-2000, from eligible candidates who are in service and completed two years of regular service as full time teachers. The entrance test was to be held on 23-1-2000. The petitioners in W.P. Nos. 538, 530 and 565 are graduates in arts having less than 45% average marks in the degree examination. They are working as regular teachers in various private aided/unaided schools. The petitioner in W.P. No. 643 of 2000 is also a graduate working as regular teacher and she has 44.85%. All of them are aggrieved by the Notification issued by the respondent insofar as the same makes the BA/B.Sc.,/B.Com./B.Sc., (HS) graduates with 45% aggregate marks in Part II (optional subjects) only eligible for appearing in the entrance test. The relevant portion of the notification reads as under :"2. Candidates should have passed B.A., B.Sc., (HS)/B.Com., of this University or any other university recognised as equivalent at the time of submitting the application form with 45% marks and above in Part II optional subjects. However, SC/ST candidates are eligible with a pass in the degree."

(3.) According to the learned counsel for the petitioners Sri K. Satyanarayana and Sri C. Rajasekhar Reddy, during the academic year 1997-98 when similar entrance test was conducted for admission to B.Ed., VCE course, the respondent-University did not impose any condition of having 45% in Part II subjects at the degree examination and that fixing 45% marks in the degree examination as the eligibility criteria is illegal and arbitrary and also violates the fundamental rights of the petitioners under the Constitution of India. It is contended by the learned counsel for the petitioners that the respondent has no authority in fixing 45% marks as eligibility criteria. They also pray that as all the petitioners have applied pursuant to the notification issued by the University, they may be allowed to appear for the entrance test on 23-1-2000.