MAUSUMI MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner calls in question the action of the opp. parties in not giving her admission to the Bachelor Course in Education (B.Ed.) for the academic session 2001-2002.

(2.) The short facts of the case is that, the Directorate of Teacher Education, S.C.E.R.T., Orissa issued an advertisement inviting applications in the prescribed form for admission to the B.Ed. course for the academic session 2001-2002 in different Teacher Education Institutions (TETs) of the State, a copy of which is Annexure-1. The petitioner has passed + 3 Degree Examination in Science (B.Sc.) having subject combination Chemistry, Zoology with Geography as Honours subject. She having found herself eligible in terms of the admission notice, made an application for admission to the B.Ed. course, but having not been called to the counselling for admission, she enquired from the Chairman of the Admission Committee, but the Chairman could not give any explanation as to why she had not been called to the counselling for admission to the aforesaid course. It is submitted on behalf of the petitioner that perhaps because of the faulty and illegal eligibility criteria fixed in the admission notice, she has been deprived of admission to the course. According to the petitioner, admission to the B.Ed. course cannot be restricted only to Bachelor's Degree in Science with P.C.M. or C.B.Z. and Arts with Geography and Economics from a recognised University and as such the eligibility criteria in clause 2.0. a. is illegal and arbitrary.

(3.) Sri S. N. Misra, learned counsel for the Department of School and Mass Education and the Director of Teacher Education and S.C.E.R.T. -cum-Chairman, Central Selection Board, on instructions submits that candidates with Bachelor's Degree in Science having combination of Physics, Chemistry, Mathematics or Chemistry, Botany, Zoology or a Bachelor of Arts with Geography and Economics subject combination from a recognised University are only eligible to apply in terms of the admission notice/prospects for admission to the B.Ed. course 2001-2002 and the petitioner having passed the Bachelor of Science Examination with a combination Chemistry, Geography, Zoology with Geography as Honours subject which does not come within the eligibility condition could not claim for the admission nor could she be admitted in terms thereof. Learned counsel for the petitioner submitted that the petitioner having Geography Honours as one of the subjects at the B.Sc. stage, could not be denied the admission, rather she having Geography as Honours is more suited and can teach better than a person having Georaphy and Economics as Pass subject. It is, therefore, the contention of the learned counsel for the petitioner that the stipulation in the notice for admission to B.Ed. course 2001-2002 fixing the eligibility criteria as Bachelor Degree in Science with Physics, Chemistry and Mathematics, Chemistry, Biology and Zoology and Bachelor Degree in Arts with Geography and Economics from a recognised University only is illegal and arbitrary and as such should be struck down enabling Graduates with any combination of subjects like the petitioner to be eligible for admission.