GIYARSHI Vs. KURUKSHETRA UNIVERSITY AND OTHERS

JUDGEMENT

(1.) Kurukshetra University, Kurukshetra issued prospectus for the State Level Common Entrance Test for admission to B.Ed. (Regular) Course, 2008-09. The eligibility conditions prescribed in the prospectus were as under :-

(2.) Dr. Balram Gupta, learned senior advocate appearing on behalf of the respondent-university has vehemently argued that the petitioner was ineligible at the time of participation in the entrance test as also admission to the course. His further submission is that mere application in the entrance test is no guarantee for admission nor does it confer any right upon the petitioner to seek admission without eligibility. His further contention is that even grant of admission and allocation of college also does not confer any indefeasible right in the petitioner to complete the course. To support her contention, reference is made to instructions for the candidates incorporated in the prospectus. Condition 8 and 14 of the prospectus are relied upon. The same are reproduced hereunder :-

(3.) Condition 8 referred to above clearly provides that the candidature for appealing in the common entrance test for the course shall be purely provisional and if, on verification at a later stage, it is found that a candidate does not fulfill the eligibility conditions, his/her candidature will be cancelled. Similarly, condition 14 further provides that even the result of common entrance test shall not entitle a candidate for admission to B.Ed. course and it is the responsibility of the candidate to make sure of his/her eligibility for admission. In short the submission is that the petitioner was required to ascertain her eligibility in accordance with the prospectus and if, she has applied and appeared in the entrance test without being eligible, no right is created or conferred upon her to complete the course merely on account of grant of admission by the university.